
    Pincus Cohn, Respondent, v. Daniel Spitzer et al., Appellants.
    
      Cohn v. Spitzer, 145 App. Div. 104, affirmed.
    (Argued February 5, 1913;
    decided February 25, 1913.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury, in an action to recover upon a bond executed by defendants to accompany a second mortgage upon real property, the lien of which had been subsequently extinguished by the foreclosure of the first mortgage:
    
      Alexander Pfeiffer for appellants.
    
      Warren Tubbs and Michael M. Cohn for respondent.
   Judgment affirmed, with costs, on opinion of Spring, J., below.

Concur: Cullen, Ch. J., Gray, Willard Bartlett, Hiscock, Cuddeback, Hogan and Miller, JJ.  