Hyperlawhypertext legal database Long Island Loan & Trust Co. v. Brooklyn Hygienic Ice Co. 93 N.Y.S. 1137

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Long Island Loan & Trust Co. v. Brooklyn Hygienic Ice Co.

93 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1905-05-12 English

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p. 1137
LONG ISLAND LOAN & TRUST CO. v. BROOKLYN HYGIENIC ICE CO. et al.
(Supreme Court, Appellate Division, Second Department.
May 12, 1905.)

Headnote

Action by the Long Island Loan & Trust Company, as trustee, etc., against the Brooklyn Hygienic Ice Company, Agnes L. O’Rourke, individually and as executrix, etc., the Empire State & Surety Company, and others.

We are of the opinion that the court had no power on this motion to adjust the-rights of the parties in respect to mat

p. 1138
ters which could only be the subject oí contract. The order must be reversed, with $10 costs and disbursements, but without prejudice to the right of the plaintiff to move, if so advised, to be relieved from the purchase, or for a resale of the premises.