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Todd v. Union Dime Savings Institution

14 N.Y.S. 937 Court N.Y. Gen. Term Decision date 1891-04-17 English

Delivered by Van Brunt, P. J.

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p. 937
Todd v. Union Dime Sav. Inst.
(Supreme Court, General Term, First Department.
April 17, 1891.)

Headnote

Appeal from special term, New York county.
Action by Rufus L. Todd, executor of Mary L. Todd, deceased, against the Union Dime Savings Institution of the City of New York. Plaintiff appeals from a judgment for defendant entered on trial by the court without a jury. For former report, see 118 N. Y. 337 , 23 N. E. Rep. 299 .
Argued before Van Brunt, P. J., and Daniels and Lawrence, JJ.
William A. Boyd, for appellant. Arnoux, Ritch & Woodford, (William H. Arnoux, of counsel,) for respondent.

Although I am of the same opinion which I expressed upon the first trial of this case, ( 20 Abb. N. C. 275 ,) and that the title in question is not such a one as a purchaser should be required to take, yet, as the court of appeals was of a different opinion, ( 118 N. Y. 337 , 23 N. E. Rep. 299 ,) there remains nothing for the judge below to do but decide as he did, and we must affirm the judgment. The facts are substantially the same as on the previous trial, and the alleged errors in admitting evidence, even if they existed, could not affect the result. Judgment affirmed, with costs. All concur.

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