
    Charleston Illuminating Company, Respondent, v. Knickerbocker Trust Company, as Trustee, Appellant.
    
      Charleston Illuminating Co. v. Knickerbocker Trust Co., 138 App. Div. 107, affirmed.
    (Argued June 8, 1911;
    decided October 3, 1911.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 12, 1910, in favor of plaintiff, upon the submission of a controversy, pursuant to section 1219 of the Code of' Civil Procedure, as to the correct interpretation of a provision of a mortgage executed by the plaintiff to the defendant as trustee and known as the refunding and improvement mortgage of the plaintiff.
    
      Charles H. Tuttle for appellant.
    
      William M. Wherry, Jr., for respondent.
   Judgment affirmed, without costs, on opinion of Miller, J., below.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscock and Collin, JJ.  