McCord, Brady & Co. v. Albany County National Bank

CoNaway, Chief Justice.

Two grounds are alleged for rehearing:

1.' “Because the court apparently misapprehended the scope of the litigation, erroneously conceiving it to embrace the mortgaged merchandise as well as accounts, *10whereas the funds involved were wholly the proceeds of book accounts.”

In the brief in support of the petition for rehearing it is stated that all claim to the proceeds of the mortgaged property was waived in the briefs of plaintiffs in error, and upon the hearing in the court below. If this be true, plaintiffs in error have no reason to complain, in this regard, of the…