Albert J. Barnes, Respondent, v. Eugene B. Howell, as Receiver of Long Island Real Estate Exchange and Investment Company, Appellant, and The People's Trust Company, Respondent

Albert J. Barnes, Respondent, v. Eugene B. Howell, as Receiver of Long Island Real Estate Exchange and Investment Company, Appellant, and The People’s Trust Company, Respondent. Barnes v. Long Island R. E. Exchange & Inv. Co., 107 App. Div. 623, affirmed. (Argued October 8, 1906; decided October 23, 1906.) Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 6, 1905, which affirmed a judgment in favor of plaintiff and the defendant People’s Trust Company entered upon a decision of the court on trial at Special Term in an action to obtain the cancellation of a mortgage alleged to have been paid to the mortgagee without notice of its previous assignment. Robert H. Wilson for appellant. I. J£. Warren for plaintiff, respondent. George W. Wingate for defendant, respondent. [MAJORITY] Judgment affirmed, with costs; no opinion. Concuri Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Hiscock and Chase, JJ. Absent: Gray, J.