Wheeler v. Eckert — 183 N.Y. 510

Majority

p. 510

Albert J. Wheeler, as Receiver of the German Bank of Buffalo, Respondent, v. Joseph H. Eckert et al., Appellants.

(Argued October 17, 1905;

decided October 27, 1905.)

German Bank of Buffalo v. Eckert, 94 App. Div. 614 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered

p. 511

June 6, 1904, which affirmed a judgment of the Erie County Court foreclosing a mortgage on certain property of the defendants.

M. Fillmore Brown and Charles A. B. Smith for appellants.

Samuel F. Moran and William L. Marcy for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Bartlett, Yann and Werner, JJ. Not sitting: Haight, J. Absent: O’Brien, J.