
    Frank L. Park, Respondent, v. Giuseppe Lattanzi and Another, Defendants, Impleaded with Thomas Healy, Appellant.
   Judgment modified so that the amount due to plaintiff upon his mortgage shall be fixed at the sum of $500, with interest thereon from February 2, 1911, and the amount of extra allowance reduced accordingly; and as thus modified affirmed, without costs, and final judgment rendered accordingly. We do not think that the evidence warrants a finding that plaintiff appropriated to the use of defendant Lattanzi, or held for his use uninvested, the sum of $6,000, or any sum whatever. So much of the findings of fact numbered V and VII as find to the contrary are hereby reversed. Jenks, P. J., Burr, Carr and Woodward, JJ., concurred; Thomas, J., voted to modify the judgment by allowing the $500, with interest, and interest on $6,000, so far as not reinvested, to the 80th day of August, 1911.  