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Brenner v. Title Guarantee & Trust Co.

250 A.D. 706 Court N.Y. App. Div. Decision date 1937-02-19 English

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p. 706
George Brenner and Others, for Themselves and on Behalf of All Other Holders of Guaranteed Mortgage Certificates Issued and Executed by the Defendant Title Guarantee and Trust Company, Purporting to Assign Undivided Shares and Interests in the Bonds and Mortgages Hereinafter Mentioned, Held by Said Defendant, Who Are Similarly Situated, and Who Shall Come in and Contribute to the Expense of This Action, Respondents, v. Title Guarantee and Trust Company, Appellant.

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within twenty days after service of order upon payment of said costs. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Cohn, JJ.; McAvoy and Townley, JJ., dissent and vote to reverse and grant the motion.