Torrey v. Bruner — 205 N.Y. 565

Majority

p. 565

Frank B. Torrey, as Executor of Edward W. Day, Deceased, Respondent, v. Evelyn D. Bruner, Appellant, Impleaded with Another. Frank B. Torrey, as Executor of Edward W. Day, Deceased, Respondent, v. Evelyn D. Bruner, Appellant, Impleaded with Others.

Headnote

Torrey v. Bruner, 143 App. Div. 947 , 948, affirmed.

(Argued April 2, 1912;

decided April 30, 1912.)

Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 23, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on

p. 566

trial at Special Term in an action to foreclose a mortgage on real property, bringing up for review a prior order of said Appellate Division entered November 19, 1909, affirming an interlocutory judgment in said action.

George W. McKenzie for appellant.

Perry D. Trafford and Benjamin A. Morton for respondent.

Judgment and order affirmed, with costs; no opinion.

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