Appellate Division of the Supreme Court of the State of New York May 3, 1907 (Trott v. Schmitt)

Gaynor, J. :

The complaint, is simply for $5,000 had and received by the defendant of the plaintiff. The plaintiff died before trial,'and his e-xecutor, his widow, was substituted. The following facts are undisputed, for, both sides proved them on the trial, viz.: On May 10th, 1903, the decedent was at the defendant’s place of business, and met the defendant and one Kotz there.