Merchants National Bank v. Middletown Combined Buildings Co.

Majority

p. 663

Merchants National Bank, as Trustee under a Certain Mortgage Dated July 1, 1922, and Executed by Middletown Combined Building Company, Inc., to Secure the Payment of Its First and Refunding Mortgage, Seven Per Cent Twenty-Year Gold Bonds, Plaintiff, Respondent, v. Middletown Combined Buildings Company, Inc., Appellant, and Odel S. Hathaway, Respondent, and Others, Defendants.

Motions for reargument granted and on reargument the decision and order of this court, dated May 18, 1934, are amended so as to eliminate therefrom the provision for costs to appellant. Present — Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ. [See 241 App. Div. 882 ,]