General
Walston H. Brown, Individually and as Trustee for the Several Stockholders of The California Company, Plaintiff. Eva R. I. Brown, as Committee of the Person and Estate of Walston H. Brown, Appellant, v. William L. Kann and Others, Respondents
221 A.D. 874·New York Supreme Court, Appellate Division·1927·NY
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Opinion
Walston H. Brown, Individually and as Trustee for the Several Stockholders of The California Company, Plaintiff. Eva R. I. Brown, as Committee of the Person and Estate of Walston H. Brown, Appellant, v. William L. Kann and Others, Respondents.
[MAJORITY]
The parties having stipulated in writing that this case may be decided b.y a court of four justices, the decision is as follows: Judgment affirmed, with costs. No opinion. Kapper, Lazansky and Hagarty, JJ., concur; Young, J., dissents, being of opinion that the fact that the property was subjected to regulation as a public utility does not constitute an incumbrance.