DONAHUE v. MFRS. TRUST CO.


10 Misc.2d 298 (1957)

John T. Donahue et al., Plaintiffs, v. Manufacturers Trust Company, as Executor of Lizzie Van Rifer, Deceased, Defendant.

Supreme Court, Westchester County.

June 24, 1957.


Attorney(s) appearing for the Case

Thomas F. English, Jr., for plaintiffs.

Maxwell S. Pfeifer for defendant.


GEORGE M. FANNELLI, J.

In this action for specific performance of an oral agreement wherein defendant's testatrix agreed to lend plaintiffs money and plaintiffs agreed to execute and deliver a mortgage upon their lands as security for the repayment of said loan, defendant moves, pursuant to subdivision 7 of rule 107 of the Rules of Civil Practice, to dismiss the complaint upon the ground that said contract is...

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