McGrath v. Carnegie Trust Co.

Headnote

McGrath v. Carnegie Trust Co., 167 App. Div. 33 , affirmed.

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 22, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in favor of the plaintiff adjudging reformation as to a certain written instrument bearing date April 23, 1910, and decreeing that the defendant Carnegie Trust Company pay the plaintiff the sum of $145,528.15, being $124,000, with interest and costs, which sum with interest was by said judgment directed to be paid within thirty days after the entry thereof out of funds of the Carnegie Trust Company in preference to the general creditors. The order and judgment of modification, appealed from to this court by both parties, allowed the claim of the plaintiff to the amount of the principal thereof, with certain interest as specified, as an unpreferred, general claim only, disallowing the same as a preferred claim.