General
Frederick M. Leonard, as Trustee, etc., Respondent, v. Frank L. Montague, Appellant
173 A.D. 927·New York Supreme Court, Appellate Division·1916·NY
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Opinion
Frederick M. Leonard, as Trustee, etc., Respondent, v. Frank L. Montague, Appellant.
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 7th day of October, 1915, after a trial at Special Term.
[MAJORITY — Per Curiam:]
Per Curiam:
The judgment appealed from should be modified by deducting therefrom the sum of $340, with interest from December 81, 1908, being the difference between $16,840, the amount found as the total of- the private sale, which in fact was $16,600; and by making the proper findings in accordance therewith. As so modified the judgment should be affirmed, without costs. Present—Clarke, P. J., Laughlin, Dowling and Davis, JJ. Judgment modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.