Metropolitan Trust Co. v. Truax — 210 N.Y. 528

Majority

p. 528

Metropolitan Trust Company of the City of New York, Appellant, v. Alice H. Truax, as Administratrix of the Estate of Chauncey S. Truax, Deceased, Respondent.

Headnote

Metropolitan Trust Co. v. Truax, 154 App. Div. 442 , affirmed.

(Argued December 3, 1913;

decided December 19, 1913.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1913, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and granting a new trial in an action upon a contract of guaranty.

Austen Q. Fox for appellant.

Lloyd Paul Stryker for respondent.

p. 529

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Scott, J., below.

Concur: Cullen, Ch. J., Hiscock, Chase, Collin, Ouddeback, Hogan and Miller, JJ.