General
Charles F. Lawler, Plaintiff, v. The Sheffield Construction Company and Others, Defendants. Sound Holding Company, Purchaser, Appellant; William J. Dilthey, Judgment Creditor, Respondent
184 A.D. 912·New York Supreme Court, Appellate Division·1918·NY
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Opinion
Charles F. Lawler, Plaintiff, v. The Sheffield Construction Company and Others, Defendants. Sound Holding Company, Purchaser, Appellant; William J. Dilthey, Judgment Creditor, Respondent.
[MAJORITY]
Order of the County Court of Kings county modified by providing as a further condition that the Sound Holding Company shall be subrogated to any payment which it has made upon the principal of the mortgages prior to plaintiff’s mortgage, together with interest thereon to date, and that such sum shall be first paid out of the avails of the sale. As thus modified the order is affirmed, without costs. Jenks, P. J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.