
    KILHOFFER, Respondent, v. RUSSELL et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    May 21, 1913.)
    Action by William G. Kilhoifer, as trustee in bankruptcy, etc., againt Ella M. Russell and others.
   PER CURIAM.

Judgment modified, by striking therefrom all provisions for recovery by plaintiff, except as "to the surplus fund of $234.72 deposited with the treasurer of Erie county, and interest and the costs, to be taxed, and, as so modified, affirmed, without costs of this appeal to either party. Held, that plaintiff’s right to recover against the defendant Ella M. Russell is limited to the surplus fund, for the reasons stated in Phipps v. Sedgwick, 95 U. S. 3, 24 L. Ed. 591.  