Carlsen v. Omaha Water Co. — 208 N.Y. 520

Majority

p. 520

Frederick Carlsen, Suing on Behalf of Himself and Others, Respondent, v. The Omaha Water Company, Appellant, and The Farmers Loan and Trust Company, as Trustee, Respondent.

Headnote

Carlsen v. Omaha Water Co., 146 App. Div. 702 , affirmed.

(Argued March 10, 1913;

decided March 25, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1911, in favor of plaintiff upon the submission of a controversy, under section 1279 of the

p. 521

Code of Civil Procedure, as to whether the principa,! of certain bonds had become due.

Howard Mansfield for appellant.

Frederick Geller and Frederick Beltz, Jr., for respondents.

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

Concur: Cullen, Oh. J., Gray, Werner, Collin, Cuddebaok and Miller, JJ. Absent: Hiscock, J.