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Leonard v. Montague

158 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1916-04-20 English

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p. 1120
Frederick M. LEONARD, as trustee, etc., Respt., v. Frank L. MONTAGUE, Applt.
(Supreme Court, Appellate Division, First Department.
April 20, 1916.)

Headnote

Appeal from Special Term, New York County. Action by Frederick M. Leonard, as trustee, against Frank L. Montague. From a judgment for plaintiff at Special Term, after trial, defendant appeals. Modified and affirmed. See, also, 155 App. Div. 506 , 140 N. Y. Supp. 562 .

The judgment appealed from is modified, by deducting therefrom the sum of $240, with interest from December 33, 1908, being the difference between $16,840, the amount found as the total of the private sale, which in fact was $16,600, and by making the proper findings in accordance therewith. As so modified, the judgment is affirmed, without costs. Settle order on notice.

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