| NY | Mar 16, 1909
Judgment affirmed, with costs, on the ground that the money having been paid before the action was commenced, no action for its recovery against the defendants jointly could be maintained unless on proof of collusion on the part of those defendants who did not receive the money; no opinion.
Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT and CHASE, JJ. *512