Appellate Division of the Supreme Court of New York, 1926

Newburger v. Sloane

Newburger v. Sloane
Appellate Division of the Supreme Court of New York · Decided March 15, 1926
216 A.D. 766
Newburger v. Sloane

Opinion of the Court

Interlocutory judgment modified by including therein a provision crediting the defendant with all dividends received by the plaintiffs prior to the date of said interlocutory judgment, and also directing that plaintiffs shall credit the defendant with all dividends received by the plaintiffs prior to the sale of the stock mentioned in the interlocutory judgment, and as modified unanimously affirmed, without costs. If within twenty days the parties do not stipulate the amount of the credits to which defendant Is entitled, the action is remitted to the Special Term to take such further proof *767as may be necessary, and enter judgment in accordance with this memorandum. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., concur.

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