Kilhoffer v. Russell , 141 N.Y.S. 1126 ( 1913 )

Judgment modified by striking therefrom all provisions for recovery by plaintiff except as to the surplus fund of $234.72 deposited with the treasurer of Erie county and interest and the costs, to be taxed, and as so modified affirmed, without costs of this appeal to either party. Held, plaintiff’s right to recover against the defendant EEa M. RusseE is limited to the surplus fund for the reasons stated in Phipps v. Sedgwick (95 U. S. 3). A11 concurred.