Opinion
Argued October 23, 1928
Decided November 20, 1928
Appeal from the Supreme Court, Appellate Division, Fourth Department.
G.E. Pritchard and Arthur J. Foley for appellants.
S. Sheldon Judson and Chester R. Dewey for respondent.
Judgment of the Appellate Division and that of the trial court against J. Gray Deecke, individually and as executor of the last will and testament of Henry Stappenbeck reversed, without costs, on the ground that he is not liable in the present action for proceeds of the sale not received by him. Judgment against the other defendants affirmed, with costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.