Argued April 14, 1948
Decided May 20, 1948
Appeal from the Supreme Court, Appellate Division, First Department, CHURCH, J.
Albert Ritchie for appellant.
John E. McAniff, Edwin A. Berkery, Lester T. O'Connor and Joseph C. Wolf for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.
Full title:EMIGRANT INDUSTRIAL SAVINGS BANK, Respondent, v. NEW ROCHELLE TRUST…
Court:Court of Appeals of the State of New York
Date published: May 20, 1948
r satisfaction of the mortgage and establish a foreclosure deficiency before recovering a money judgment…
IN RE APPL FOR A JUD. SETTLEMENT OF ACCOUNT OF BEINYThus, neither the beneficiaries of a trust nor any one other than the trustee may validly encumber or convey…