
    Pincus Lowenfeld et al., Respondents, v. Maria Wimpie et al., Defendants, and Empire City Wood Working Company, Appellant.
    
      Lowenfeld v. Wimpie, 139 App. Div. 617, affirmed.
    (Argued December 7, 1911;
    decided December 22, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 29,1910, modifying and affirming as modified a judgment of Special Term directing that the claim of defendant appellant he paid prior to the payment of an amount due plaintiffs under a mortgage in an action to foreclose said mortgage.
    
      J. Charles Weschler for appellant.
    
      Alexander Pfeiffer for respondents.
   Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur: Cullen, Oh. J., Gray, Haight, Vann, Werner and Willard Bartlett, JJ. Dissenting: Chase, J.  