Preston v. Brinley — 186 N.Y. 515

Majority

p. 515

Charles M. Preston, as Receiver of the New York Building-Loan Banking Company, Respondent, v. Caroline Brinley et al., Appellants, Impleaded with Others.

Headnote

Preston v. Brinley, 106 App. Div. 593 , affirmed.

(Argued June 14, 1906;

decided October 2, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 11,1906, modifying and affirming as modified a judgment in

p. 516

favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for the foreclosure of a mortgage.

Alfred Jl. Page for appellants.

Charles W. Dayton for respondent.

Judgment affirmed, with costs, upon the ground that a new trial would be of no benefit to the appellants ; no opinion.

Concur: Cullen, Ch. J, Gray, Edward T. Bartlett, Vann, Werner, Willard Bartlett and Chase, JJ.