
    Douglas Robinson, Appellant, v. Abbie C. Bell, as Administratrix of the Estate of Horace S. Bell, Deceased, Defendant, and Elizabeth H. Orth, Respondent.
    (Argued June 17, 1927;
    decided July 20, 1927.)
    
      Title —■ action to determine title to certificate obtained by broker through false representations and placed by Ms clerk in envelope addressed to customer who had previously ordered and paid for a certificate.
    
    
      Robinson v. Bell, 217 App. Div. 801, affirmed.
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1926, unanimously affirming a judgment in favor of defendant-respondent, entered upon a decision of the court at a Trial Term without a jury. The action was to recover an interim certificate entitling the holder to a bond when issued. Plaintiff had purchased from defendant’s intestate, who was a stockbroker, and died insolvent, one certificate and paid for the same though he had not received it. Thereafter intestate through fraudulent representations induced defendant-respondent to deliver to him twenty such certificates which he placed in a safe in his office. The day before the death of intestate a clerk in his office removed one of the certificates from the safe and placed it with a receipt to be signed by plaintiff in an envelope addressed to him and placed it in a box where it was found after the death of intestate. The trial court held that plaintiff was not a purchaser for a present consideration and awarded to defendant-respondent possession of the certificate.
    
      John F. O’Brien for appellant.
    
      Thomas F. McDermott for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.  