General
Westchester Trust Company, as Trustee for Bondholders of The Hobby Bottling Company, Respondent, v. The Hobby Bottling Company et al., Defendants, and John Kelly, Appellant
185 N.Y. 577·New York Court of Appeals·1906·NY
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Opinion
Westchester Trust Company, as Trustee for Bondholders of The Hobby Bottling Company, Respondent, v. The Hobby Bottling Company et al., Defendants, and John Kelly, Appellant.
Westchester Trust Co. v. Hobby Bottling Co., 103 App. Div. 464, affirmed.
(Argued May 14, 1906;
decided June 5, 1906.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 10, 1905, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for the foreclosure of a mortgage given to secure an issue of corporate bonds.
Robert Stewart for appellant.
Ralph Earl Prime, Jr., for respondent.
[MAJORITY]
Judgment affirmed, with costs, on opinion below.
Concur; Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Hiscock and Chase, JJ. Absent: Gray, J.