Summary
In Strebler v. Title Guarantee and Trust Co. (277 N.Y. 730) the second cause of action was that the Guarantee Company had collected the sum due upon such a mortgage certificate owned by Strebler and on October 10, 1930, had deposited that sum in its own bank account with the Title Company.
Summary of this case from Fisher v. Title Guarantee Trust Co.Opinion
Argued March 2, 1938
Decided April 12, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
Timothy N. Pfeiffer, Edward N. Perkins and John M. Friedman for appellant.
Grant Hoerner for respondent.
Judgment modified by deducting therefrom the $248 claimed under the second cause of action, and as so modified affirmed, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ.; FINCH, J., dissents in part in the following memorandum:
I concur in the modification as to the deduction claimed under the second cause of action, but I vote to reverse and grant a new trial on the ground that the price the certificate would bring in the market is an improper basis for fixing damages. ( Matter of New York Title Mortgage Co., 277 N.Y. 66.)