Stevens v. Central National Bank of Boston — 23 N.Y.S. 1147

Majority

p. 1147

STEVENS et al., Respondents, v. CENTRAL NAT. BANK OF BOSTON et al., Appellants.

(Supreme Court, General Term, Third Department.

May 9, 1893.)

Headnote

Action by Aaron R. Stevens and others against the Central National Bank of Boston and others. Judgment for plaintiffs. From an order denying defendants’ motion to strike out a provision of the judgment which perpetually enjoins them from proceeding with a sale of the Lebanon Springs Railroad, under a decree of the United States circuit court, they appeal.

Affirmed.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

Campbell & Paige, (E. W. Paige, of counsel,) for appellants.

Hale & Bulkeley, (Matthew Hale, of counsel,) for respondents.

This case has been once before this court, ( 57 Hun, 499 , 11 N. Y. Supp. 268 ,) upon substantially the same facts. Upon the new trial, the court, in its decision, followed the judgment and opinion of the general term, and I can see no reason for differing from that decision.

The judgment appealed from should be affirmed, with costs.

PUTNAM, J., not acting.