Kohly v. Fernandez — 201 N.Y. 561

Majority

p. 561

Carolina F. Kohly, Appellant, v. Jose M. Fernandez, Respondent, Impleaded with Another.

Headnote

Kohly v. Fernandez, 133 App. Div. 723 , affirmed.

(Argued February 15, 1911;

decided March 3, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1909, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial in an action to recover an indebtedness,

p. 562

evidenced and secured by a certain mortgage of lands in the island of Cuba.

William J). Guthrie and Charles K. Carpenter for appellant.

Austen G. Fox, S. Sidney Smith and Flliot Smith for respondent.

Judgment affirmed, with costs; no opinion.

Concur : Cullen, Ch. J., Gray, Vann, "Werner, IIisgock • and Collin, JJ. Absent: IIaight, J.