CONKLING v. FIRST NAT. BANK OF OLEAN


286 A.D. 537 (1955)

Robert A. Conkling, Jr., et al., Respondents-Appellants, v. First National Bank of Olean, Appellant-Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 2, 1955.


Attorney(s) appearing for the Case

Robert M. Diggs for respondents-appellants.

C. J. McCarthy for appellant-respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.


KIMBALL, J.

The plaintiffs appealed from that part of the judgment which denied their application for an extra allowance and to recover their costs and disbursements and the extra allowance out of the share of the defendant, Wightman. The action was not one for the partition of real property nor do we think it may be held to be "a difficult and extraordinary case, where a defense has been interposed in an action...

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