Kelly v. Penfield

Appellate Division of the Supreme Court of New York

Kelly v. Penfield

144 A.D. 903, 128 N.Y.S. 1129

Procedural entryThis page is a short order in Kelly v. Penfield. Read the opinion of the Court — 133 A.D. 367 →

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1911·Published

Opinion

—Judgment modified by striking therefrom so much thereof as provides that defendant may pay to plaintiff $1,725, the present value of lot 97 as fixed by the court, together with the costs as taxed, being in consideration of and to be paid upon conveyance by plaintiff to defendant James T. Penfield of the title to said lot 97, and as so modified the judgment is affirmed, without costs. Ho opinion. Jenks, P. J., Burr, Woodward and Rich, JJ., concurred; Hirsehberg, J., voted to affirm upon the opinion of Mr. Justice Morsehauser at Special Term. (Reported in 67 Misc. Rep. 272.).

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—Judgment modified by striking therefrom so much thereof as provides that defendant may pay to plaintiff $1,725, the present value of lot 97 as fixed by the court, together with the costs as taxed, being in consideration of and to be paid upon conveyance by plaintiff to defendant James T. Penfield of the title to said lot 97, and as so modified the judgment is affirmed, without costs. Ho opinion. Jenks, P. J., Burr, Woodward and Rich, JJ., concurred; Hirsehberg, J., voted to affirm upon the opinion of Mr. Justice Morsehauser at Special Term. (Reported in 67 Misc. Rep. 272.).

Kelly v. Penfield, 144 A.D. 903, 128 N.Y.S. 1129 (N.Y. Ct. App. 1911).

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