Majority
Headnote
Appeal from Special Term, New York County. Action by Joseph T. McCaddon against the Central Trust Company of New York and others. From an order granting plaintiff’s motion for a commission, defendant Trust Company appeals. Reversed, motion denied, and stay vacated.The complaint alleges that the defendant trust company has in its possession permanent bonds to be delivered to the holders of temporary bonds under the terms of the trust mortgage; that pursuant to the terms of that trust mortgage the trust company received on deposit the plaintiff’s $100,000' bond and issued to the plaintiff its receipt therefor; that plaintiff has demanded that the trust company issue to him permanent bonds in common with other holders of temporary bonds; that the trust company has refused this demand, and is certifying and issuing bonds to others and has discriminated against the plaintiff contrary to the provisions of the trust mortgage. We see no issue raised 'by the pleadings which requires a commission to Mexico. The order is reversed, with $10 costs and disbursements, motion denied, with $10 costs and stay vacated. Order filed.