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In re Mechanics' Bank

209 N.Y. 526 Court N.Y. Decision date 1913-06-17 English

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p. 526
In the Matter of the Application of Mechanics’ Bank, Brooklyn, Respondent, for a Peremptory Writ of Mandamus. The Register of the County of Kings et al., Appellants.

Headnote

Matter of Mechanics' Bank, Brooklyn, 156 App. Div. 343 , affirmed.
(Argued June 3, 1913;
decided June 17, 1913.)
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 25,1913, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the register of the county of Kings to record a certain deed, and granted said motion. The register had refused to record the deed unless there was
p. 527
presented with it an affidavit showing that it was not intended as a mortgage.
Thomas Carmody, Attorney-General (Joseph A. Kellogg and Claude T. Daives of counsel), for appellants.
FranlclinM. Tomlin and James M. Gray for respondent.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Hiscock, Chase and Miller, J J. Dissenting: Hogan, J.

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