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Jones v. Metropolitan El. R. Co.

46 N.Y. St. Rep. 966 Court N.Y. Super. Ct. Decision date 1892-05-02 English

Contents

Majority

p. 966
Mary L. Jones et al., Resp’ts, v. The Metropolitan El. R. Co. et al., App’lts.

Headnote

Appeal by defendants from a judgment entered upon the report of a referee.
Davies & Rapallo, for app’lts: Sackett & Bennett, for resp’ts.

The judgment should De modified by requiring the plaintiffs, at the time of the delivery of their deed as in said judgment, provided, to also deliver to the defendants a release of the property duly executed by the mortgagee of the promises mentioned in the thirty-ninth finding of fact, and as thus modified it should he affirmed, without costs to ei her party on this appeal.

Sedgwick, Ch. J.. Freedman and McAdam, JJ., concur.