Washington Savings Bank v. Title & Guarantee Co.

Majority

p. 599

Washington Savings Bank, Respondent, v. Title and Guarantee Company of Rochester et al., Appellants. Same, Respondent, v. Same, Appellants.

Headnote

Washington Sav. Bank v. Title & Guarantee Co. of Rochester, 174 App. Div. 908 , affirmed.

(Submitted January 16, 1917;

decided January 30, 1917.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme

p. 600

Court in the first judicial department, entered July 18, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action brought to recover a sum of money advanced to the appellant, the Title and Guarantee Company of Rochester, by the respondent, for which the appellant, the Title and Guaranty Company of Rochester, agreed to transfer to the respondent bonds and mortgages or participation interests therein, which it failed to do-.-

George M. Mackellar and Martin A. Schenck for appellants.

Joseph A. Kellogg and Wilbert Ward for respondent.

Judgment in .each case affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Chase, Collin, Cuddebaok and Pound, JJ. Not sitting: Hogan and Cardozo, JJ.