
    William Hiltebrant, Respondent, v. Hewitt Boice, Appellant, Impleaded with Another.
    
      Hiltebrant v. Boice, 105 App. Div. 686, affirmed.
    (Argued June 8, 1906;
    decided June 21, 1906.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 5, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action for money had and received.
    
      Howard Chipp for appellant.
    
      James Jenkins for respondent.
   Judgment affirmed, with costs; no opinion.

Concur : Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Hiscock, JJ. Absent: O’Brien, J. Not sitting : Chase, J.  