Charles Wyllys Cass and James Dunbar Cass, Respondents, Appellants, v. Realty Securities Company and Others, Appellants, Respondents

First Department, May, 1911. Charles Wyllys Cass and James Dunbar Cass, Respondents, Appellants, v. Realty Securities Company and Others, Appellants, Respondents. . Injunction—paying out money. Appeal by plaintiffs from an order entered in the New York county elerlds office on the 8th day of March, 1911, as resettled by an order entered on' the 3d day of April, 1911, denying motion for appointment of a receiver pending the trial of this'action; and by defendants from so much of said order as conditioned the denial of said motion upon defendants giving a bond to secure payment of judgment, if any, recovered in this-action. [MAJORITY — Per Curiam:] Per Curiam: From the papers presented to the court below it appears that, the plaintiffs can be protected by an injunction restraining the defendants from distributing or paying out in any way the- moneys involved in this action. Such relief was asked for both in the complaint and in the notice of motion, and we think that relief the court below should have granted. The order, therefore, should be modified by enjoining the defendants as above stated, and as so modified affirmed, without costs to either party. Present—Ingraham, P. J., Clarke, Scott, Miller and Dow-ling, JJ. Order modified as directed in opinion, and as so modified affirmed, without costs. Order, to be settled on notice.