111 N.Y.S. 987 | N.Y. App. Div. | 1908
The defendants Philip and Moses I. Siegel appeal from so much of the judgment of foreclosure and sale herein as adjudges that they pay the amount of any deficiency, if any there be upon the sale of the premises described in said judgment, and also from that part of said judgment which dismisses the- counterclaim of said appellants.
These appellants, who had previously been in the woolen business, engaged in 1905 in real estate operations. They, were unwilling to incur any greater obligations than necessary, and to that end arranged with the defendant Bernstein, the father-in-law of Philip
Ingraham, McLaughlin and Laughlin, JJ., . concurred ; Houghton, J., dissented. • /
Judgment reversed, new trial ordered, costs to appellants to abide event.