Appellate Division of the Supreme Court of the State of New York March 20, 1925 (Vernon Metal & Produce Co. v. Joseph Joseph & Bros.)

Merrell, J.:

The defendant in appealing from the interlocutory judgment does so for the purpose of correcting a finding which the defendant, appellant, alleges was improperly made to the interlocutory decision to the effect that the defendant holds a sum of money which represents a portion of the profits to which the plaintiff is entitled and for which the defendant refuses to account or turn