McComb v. Cordova Apartment Ass'n — 31 N.Y. St. Rep. 334

Majority

p. 334

James J. McComb, Resp’t, v. The Cordova Apartment Assotion et al., App’lts. James J. McComb, Resp’t, v. The Lisbon Apartment Association et al., App’lts. James J. McComb, Resp’t, v. The Madrid Apartment Association et al., App’lts.

(Supreme Court, General Term, First Department,

Filed April 18, 1890.)

Headnote

Appeals from judgments entered upon the report of a referee.

William G. Choate and George H. Adams, for app’lts; Thomas H. Hubbard, for resp’t.

These cases depend upon the disposition which should be directed to be made in the action in favor of the same plaintiff against the Barcelona Apartment Association. The mortgages are, for the same reasons as have been given in that case, entitled to be maintained. But the judgment directed in favor -of the plaintiff should be in like manner modified, by excluding the residue of the moneys advanced by the plaintiff over and above those secured by the bonds and mortgages executed and delivered to him. And as so modified the judgment should be .affirmed, without costs of the appeal to either party.

Bartlett and Brady, JJ, concur.