King v. Union Trust Co. — 208 N.Y. 566

Majority

p. 566

Martha King, Respondent, v. Union Trust Company, as Executor of William F. King, Deceased, Appellant.

Headnote

King v. Union Trust Co., 148 App. Div. 110 , affirmed.

(Argued March 27, 1913;

decided April 15, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, reversing a judgment in favor of defendant entered upon a • dismissal of the complaint hy the court at a Trial Term without a jury and granting a new trial in an action to recover for an alleged breach of a covenant against incumbrances contained in a deed of real property.

Perry D. Trafford for appellant.

Samuel Untermyer and Abraham Benedict for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Oh. J., Gray, Willard Bartlett, Chase, Cuddeback, Hogan and Miller, JJ.

Cases cited

King v. Union Trust Co. 148 App. Div. 110 N.Y. Sup. Ct. 1911-12-29 p. 566