Decker v. New York Realty Owners (156 A.D. 935, 1913)

Appeal from a judgment dismissing the complaint at Trial Term. Judgment affirmed, with cost's, on the authority of Cass v. Realty Securities Co. (148 App. Div. 96; affd., 206 N. Y. 649). (Concurring memorandum by Hotchkiss, J.) Present—Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.

Hotchkiss, J. (concurring):

If the decision about to be made is good law, then thousands of holders of various forms of income bonds, and of bonds providing for fixed rates of interest with participation in profits or in assets on dissolution, or in both, will be in jeopardy of having what thev bought for obligations being turned into mere certificates of interest, but as I cannot distinguish this case from Cass v. Realty Securities Co. (148 App. Div. 96) I concur in the result.