Charlotte Lilianthal et al., as Executors of Joseph Lilianthal, Deceased, Respondents, v. Israel Lesser et al., Defendants, and Benjamin Barker, as Trustee in Bankruptcy of Israel Lesser et al., Appellant

Charlotte Lilianthal et al., as Executors of Joseph Lilianthal, Deceased, Respondents, v. Israel Lesser et al., Defendants, and Benjamin Barker, as Trustee in Bankruptcy of Israel Lesser et al., Appellant. Lilianthal v. Lesser, 102 App. Div. 500, affirmed. (Argued April 26, 1906; decided May 15, 1906.) ' Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 16, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, adjudging that the plaintiffs are entitled to be subrogated to the rights of a certain mortgagee in and to a bond secured by a mortgage on certain premises alleged to have been fraudulently conveyed by the mortgagor to the plaintiffs’ testator, the amount secured by such mortgage having been heretofore paid by the plaintiffs. Otto T. Hess, MCready Sykes and Denis O’ L. Cohalan for Benjamin Barker, as trustee, appellant. Nelson S. Spencer for Ninth National Bank, appellant. Everett V. Abbot and Boudinot Keith for respondents. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Willard Bartlett and Chase, JJ.