Opinion
July 12, 1934.
Appeal from the Municipal Court of New York, Borough of Manhattan First District.
Ehrich, Royall, Wheeler Walter [ Ralph Royall of counsel], for the appellant.
Lewis Kelsey [ Arthur J. Marangelo of counsel], for the respondent.
The language in the plaintiff's bond did not "fairly place the bondholder on notice of any restriction upon defendant's obligation to pay at maturity." ( Cunningham v. Pressed Steel Car Co., 263 N.Y. 671.) In any event the restrictions contained in the trust indenture are not a bar to an action on the coupons.
Order reversed, with ten dollars costs, and motion granted.
All concur; present, CALLAHAN, FRANKENTHALER and SHIENTAG, JJ.