Niagara Loan Ass'n v. Bentley — 201 N.Y. 573

Majority

p. 573

Niagara Loan Association, Appellant, v. Adeline Bentley, Respondent.

Headnote

Niagara Loan Assn. v. Bentley, 137 App. Div. 879 , reversed.

(Submitted February 22, 1911;

decided March 14, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 22, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a chattel mortgage.

Oliarles Newton for appellant.

I). N. MoNaughton and Willard W. Sajperstone for respondent.

Judgment reversed and new trial granted, costs to abide event, on dissenting memorandum of McLennan, P. J., and Spring, J., below.

Concur: Cullen, Ch. J., Gray, Yann, Werner, Willard Bartlett and Chase, JJ. Absent: Haight, J.