Parham v. Burns — 201 N.Y. 559

Majority

p. 559

Frank E. Parham, as Assignee for the Benefit of Creditors of the Altonwood Park Company of New York, Appellant, v. Edward Burns, Individually and as Trustee of The American Exchange National Bank et al., Respondents, Impleaded, with Others.

Headnote

Parham v. Burns, 135 App. Div. 884 , affirmed.

(Argued February 13, 1911;

decided March 3, 1911.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 5,1910, affirming a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court on trial at Special Term in an action to set aside a judgment entered by consent against the plaintiff’s assignor and others.

p. 560

Joseph F. Perdtie and John J. Adams for appellant.

Benjamin FT. Oardozo and Edgar J. Nathan for respondents.

Judgment affirmed, with costs, on opinion of Miller, J., below.

Concur: Cullen, Cli. J., Gray, Haight, Vánn, Werner, Hiscook and Collin, JJ.