Quackenbush v. Mapes — 123 A.D. 250

Majority

p. 250

Abraham Quackenbush, Respondent, v. Daniel Mapes, Jr., and Park Versailles Realty Company, Appellants, Impleaded with Robert Porter and Others, Defendants. (Action No. 2.)

First Department,

January 10, 1908.

Headnote

See head note in Quackenbush v. Mapes (No. 1), ante, p. 242.

Appeal by the defendants, Daniel Mapes, Jr., and another, from a judgment of the Supreme' Court, in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 20th day of April, 1907, upon the decision of the court, rendered after á trial at the Mew York Special Term, directing.the foreclosure of a mortgage and a sale of the premises described in the complaint.

Milton A. Fowler, for the appellants.

Charles N. Morgan, for the respondent.

The questions presented on this appeal are similar to the. ones presented in action Mo.-1 between the samé parties. The appeals were argued together, and for-the reasons stated in the opinion in action No. 1 ( 123 App. Div. 242 ), decided herewith, the judgment here appealed from must be modified so as to permit a recovery for only $1,900 and interest thereon from the 1st, day of December, ■1885, and costs, and as thus modified should be-affirmed, without costs in this court to either party. ' - . ■

Patterson, P. J., .Ingraham and. Clarke,--'JJ., concurred ; Houghton, J., dissented., ■ -

Judgment modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice. . .