Charles F. Muller and William W. Heberton, as Surviving Executors and Trustees under the Last Will and Testament of Thomas W. Evans, Deceased, Respondents, v. The City of Philadelphia and Others, Defendants, Impleaded with Arthur E. Valois, Individually and as Executor of and Trustee under the Last Will and Testament of Thomas W. Evans, Deceased, and Others, Respondents, and Louis Silverman and Others, Appellants

Charles F. Muller and William W. Heberton, as Surviving Executors and Trustees under the Last Will and Testament of Thomas W. Evans, Deceased, Respondents, v. The City of Philadelphia and Others, Defendants, Impleaded with Arthur E. Valois, Individually and as Executor of and Trustee under the Last Will and Testament of Thomas W. Evans, Deceased, and Others, Respondents, and Louis Silverman and Others, Appellants. Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the "30th day of December, 1909, upon a decision after a trial at Special Term. [MAJORITY] Judgment affirmed, with costs. No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Miller and Dowling, JJ. (Dissenting memoranda by Laughlin and Dowling, JJ.) [DISSENT — Laughlin, J. (dissenting) Dowling, J. (dissenting):] Laughlin, J. (dissenting) : I dissent as to the purchases of jewelry from the defendant Silverman constituting a usurious transaction. Dowling, J. (dissenting): I dissent from the affirmance of the judgment as to Brodie, Engel and Luria, on the ground that the transactions with them did not constitute loans, but sales of an interest in the estate, I also dissent from the affirmance of so much of the judgment as adjudges the purchases of jewelry from the. defendant Silverman to have been usurious transactions. _