
    German Savings Bank in the City of New York, Respondent, v. Phillip Wagner, as Committee of Elizabeth Rosenstein, Appellant, Impleaded with Others.
    
      German Savings Banlc, 1Y F City v. Wagner, 164 App. Div. 234, affirmed.
    (Argued January 19, 1917;
    decided February 6, 1917.)
    Appeal from a judgment, entered February 18, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing- a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and directing judgment in favor of plaintiff in an action to foreclose a mortgage. The title to the premises was, on June 10, 1885, vested in one Elizabeth Rosenstein who conveyed the same on that day to one George F. June, and the same thereafter by mesne conveyances became vested in the mortgagor. Elizabeth Rosenstein is now insane and Phillip Wagner defended this action as committee of her person and estate. The ground of his defense is that at the time of the conveyance by Mrs. Rosenstein to June, she was not competent to execute the same and that the same was obtained from her by fraud. The theory of the defense was that the inception of this disease antedated the deed in question, and had, at that time, so far progressed as to render Mrs. Rosenstein incompetent to understand the transaction she was performing. The committee claimed that whereas title to the premises was taken from Mrs. Rosenstein, in the name of George F. June, in reality the conveyance was for the benefit of Jacob Rosenstein, the husband of the lunatic.
    
      Thomas O’Callaghan for appellant.
    
      Philip S. Dean for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Chase, Collin, Cuddeback, Hogan, Oardozo and Pound, JJ.  