Buffalo Loan, Trust & Safe Deposit Co. v. Carstensen

Majority

p. 608

Buffalo Loan, Trust and Safe Deposit Company, Respondent and Appellant, v. John Carstensen, Appellant and Respondent.

Headnote

Buffalo Loan, T. & S. D. Co. v. Carstensen, 107 App. Div. 128 , affirmed.

(Argued December 3, 1906;

decided December 18, 1906.)

Ceoss-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

p. 609

entered August 15, 1905, in' favor of plaintiff upon the submission of 'a controversy under section 1279 of the Code of Civil Procedure as to the construction of a certain written agreement.

Tracy Ü. Becker and Lincoln A. Groat for plaintiff, respondent and appellant.

Wilson Lee Cannon and Harry Bowers Mingle for defendant, appellant and respondent.

Judgment affirmed, without costs to either party; no opinion.

Concur: Edward T. Bartlett, Haight, Vann and Chase, • JJ. Cullen, Cli. J., O’Brien and Willard Bartlett, JJ., vote for modification by reducing the recovery to $6,300, with interest.