Hyperlawhypertext legal database Scheier v. Metropolitan El. Ry. Co. 18 N.Y.S. 959

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Scheier v. Metropolitan El. Ry. Co.

18 N.Y.S. 959 Court General Term. Decision date 1892-05-02 English

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p. 959
Scheier, 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 Rosa Scheier against the Metropolitan Elevated Railway Company and another.
Argued before Sedgwick, C. J., and Freedman and MoAdam, JJ.
Davies & Rap alio, for appellants. Saekett & Bennett, for respondent.

The judgment should be modified by requiring the plaintiff, at the time of the delivery of her deed, as in said judgment provided, to also deliver to the defendants a release of the property, duly executed by the holder of the two mortgages found by the referee to exist upon the premises pursuant to the sixty-fourth request of the defendants, at page 45 of the case, and, as thus modified, it should be affirmed, without costs to either party on this appeal.