Lowenfeld v. Wimpie — 203 N.Y. 646

Majority

p. 646

Pincus Lowenfeld et al., Respondents, v. Maria Wimpie et al., Defendants, and Empire City Wood Working Company, Appellant.

Headnote

Lowenfeld v. Wimpie, 139 App. Div. 617 , affirmed.

(Argued December 7, 1911;

decided December 22, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 647

July 29,1910, modifying and affirming as modified a judgment of Special Term directing that the claim of defendant appellant he paid prior to the payment of an amount due plaintiffs under a mortgage in an action to foreclose said mortgage.

J. Charles Weschler for appellant.

Alexander Pfeiffer for respondents.

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

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Dissenting: Chase, J.

Cases cited

Lowenfeld v. Empire City Woodworking Co. 139 App. Div. 617 N.Y. App. Div. 1910-07-07 p. 646