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Metropolitan Trust Co. v. Montgomery

135 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1912-06-22 English

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p. 1127
METROPOLITAN TRUST CO. OF CITY OF NEW YORK v. MONTGOMERY.
(Supreme Court, Appellate Division, First Department.
June 22, 1912.)

Headnote

Action by the Metropolitan Trust Company of the City of New York against Richard M. Montgomery. Judgment for plaintiff, and defendant moves for an order reducing same. Judgment reversed, and new trial ordered, unless plaintiff accepts reduction. Orlando P. Metcalf, of New York City, for the motion. Parsons, Closson & Mc-Ilvaine, of New York City, opposed.

Judgment reversed, and a new trial ordered, unless the plaintiff stipulates to reduce the judgment as entered, by deducting therefrom the defendant’s proportionate amount of the coupons delivered to the principal debtor, and also the amount in excess of the legal interest which the principal debtor has paid to the defendant, in which event the judgment, as so modified, and the order appealed from, should be affirmed, without costs.