J.M.A., Inc., v. Title Guarantee Trust Co.

Full title: J.M.A., INC., Appellant, v. TITLE GUARANTEE AND TRUST COMPANY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 7, 1936

246 App. Div. 228 (N.Y. App. Div. 1936)

285 N.Y.S. 337

Opinion

February 7, 1936.

Appeal from Supreme Court of New York County.

Paul Collins of counsel [ James J. Carroll with him on the brief; Collins Carroll, attorneys], for the appellant.

Richard S. Holmes of counsel [ W.H.L. Edwards with him on the brief; Milbank, Tweed, Hope Webb, attorneys], for the respondent.

Present — MARTIN, P.J., O'MALLEY, UNTERMYER and COHN, JJ.

PER CURIAM.

As the issues in this case are in all respects similar to those involved in the case of E.T.C. Corp. v. Title Guarantee Trust Co. ( 246 App. Div. 226), argued at the same time and decided herewith, the judgment should be reversed and a new trial granted, with costs to the appellant to abide the event, for the reasons there stated.

PER CURIAM.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.