Hyperlawhypertext legal database Mager v. Metropolitan El. Ry. Co. 18 N.Y.S. 958

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Mager 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
Mager, Respondent, 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 Peter Mager 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 respondent.

The referee has not found, and the appellants in the points ^submitted by them have not shown that, as matter of fact, there is any mortgage or lien upon the property in suit. ' The judgment is right upon the merits, and the exceptions of the appellants are wholly untenable. The judgment should be affirmed, with costs.