NEW YORK CEN. R.R. v. FIRST NAT. BK. OF THOU. IDS

Full title: THE NEW YORK CENTRAL RAILROAD COMPANY, Appellant, v. THE FIRST NATIONAL…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 1, 1920

193 App. Div. 926 (N.Y. App. Div. 1920)

Opinion

July, 1920.

Judgment affirmed, with costs. All concur, except Kruse, P.J., who dissents upon the ground that the power was a general power of sale for distribution and payment of debts and that the lien of the judgment is subject to the execution of the power as is provided in section 97 of the Real Property Law. ( M'Cready v. Metropolitan Life Ins. Co., 83 Hun, 526; affd., 148 N.Y. 761; Walter v. Tomkins, 71 App. Div. 21; Van Cott v. Van Cott, 167 id. 694.)