Appellate Division of the Supreme Court of the State of New York March 15, 1908, No. 2 (Case v. Beloe)

Woodward, J.;

The plaintiff appears to be insolvent and a reversal of the judgment upon appeal would result in further depletion of the trust fund, while an acceptance of the condition of the withdrawal of the appeal will end the controversy between the plaintiff and the substituted trustee, and also remove possibility of an action by the plaintiff to recover from the appellant the excess amount