J. M. A., Inc. v. Title Guarantee & Trust Co.

Majority

p. 228

J. M. A., Inc., Appellant, v. Title Guarantee and Trust Company, Respondent.

First Department,

February 7, 1936.

Paul Collins of counsel [James J. Carroll with him on the brief; Collins & Carroll, attorneys], for the appellant.

Richard S. Holmes of counsel [W. H. L. Edwards with him on the brief; Milbank, Tweed, Hope & Webb, attorneys], for the respondent.

As the issues in this case are in all respects similar to those involved in the case of E. T. C. Corp. v. Title Guarantee & Trust Co. ( 246 App. Div. 226 ), argued at the same time and decided herewith, the judgment should be reversed and a new trial granted, with costs to the appellant to abide the event, for the reasons there stated.

Present — Martin, P. J., O’Malley, Untermyer and Cohn, JJ.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.