Polo v. Stern

In a judgment creditor’s action, judgment modified by striking from the eighth adjudging paragraph that part providing that defendant Israel Stem be directed to turn over to the receiver $2,498.07; and as modified unanimously affirmed, with costs to respondent, appellant. The fourth conclusion of law is disapproved in so far as it states that payments of money were made to Israel Stern upon a secret tmst as trustee for the defendant Abe Stern. There is no proof that Israel Stern has retained any sum other than his own. When the business was sold it appears without dispute that the part of the…