Cohn v. Spitzer 207 N.Y. 738

Pincus Cohn, Respondent, v. Daniel Spitzer et al., Appellants.

Cohn v. Spitzer, 145 App. Div. 104, affirmed.

(Argued February 5, 1913;

decided February 25, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury, in an action to recover upon a bond executed by defendants to accompany a second mortgage upon real property, the lien of which had been subsequently extinguished by the foreclosure of the first mortgage:

Alexander Pfeiffer for appellants.

Warren Tubbs and Michael M. Cohn for respondent.