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Jones v. Metropolitan El. Ry. Co.

18 N.Y.S. 958 Court General Term. Decision date 1892-05-02 English

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p. 958
Jones et al., Respondents, v. Metropolitan El. Ry. Co., et al., Appellants.
(Superior Court of New York, City,
General Term.
May 2, 1892.)

Headnote

Appeal from judgment on report of referee.
Action by Mary L. Jones and another against the Metropolitan Elevated Railway Company and another.
Argued before Sedgwick, C. J., and Freedman and McAdam, JJ.
Davies & Rapallo, for appellants. Saokett & Bennett, for respondents.

The judgment should be modified by requiring the plaintiffs, at the time of the delivery of their deed, as in said judgment provided, to also deliver to the defendants a release of the property duly executed by ¡the mortgagee of the premises mentioned in the thirty-ninth finding of fact, •and as thus modified it should be affirmed, without costs to either party on ¡this appeal.