Appellate Division of the Supreme Court of the State of New York December 2, 1921, Appeals Nos. 1 and 2 (Coffey v. Lexow)

Smith, J.:

These appeals were argued together and will be discussed together. A statement of the facts will disclose the situation, and from .that situation may be determined the rights of the parties upon these two appeals. This action is brought to recover upwards of $22,000 claimed to have been received by the defendant for the benefit of plaintiff’s intestate in 1899.