Heal v. Richmond County Savings Bank — 196 N.Y. 549

Majority

p. 549

Frederick S. Heal, Respondent, v. Richmond County Savings Bank, Appellant.

Headnote

Seal v. Bichmond County Savings Bank, 127 App. Div. 428 , affirmed.

(Argued October 15, 1909;

decided October 29, 1909.)

Appeal from an order of tlie Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to procure the cancellation of a bond and mortgage.

Mo-rtimer 8. Brown and Melvin L, Decker for appellant.

William D. Gaillarcl for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hiscook and Chase, JJ.