Legal Opinion
Bedcro Realty Corp. v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1942PublishedCited by 2 opinions
1Opinion of the CourtAdel, J.
The material facts in this action are not in dispute. They are either admitted by the pleadings or conceded hy stipulations. The plaintiff has had judgment, and defendant Brooklyn Trust Company, as trustee, appeals.
The plaintiff, as mortgagor, and the Title Guarantee and Trust Company, as mortgagee, entered into an agreement to induce the mortgagee to refrain from foreclosing the mortgage on account of certain defaults in the payment of taxes, interest, etc. The language of the agreement pertinent to the litigation reads as follows:
*8“Whereas, it is the intention of the parties to create a fund…
2Cases cited12 opinions
- Heiman v. BishopNew York Court of Appeals · 1936
- Honeyman v. HananNew York Court of Appeals · 1937
- Reichert v. . StilwellNew York Court of Appeals · 1902
- In Re the Accounting of NicholsNew York Court of Appeals · 1940
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Bank v. Amak Enterprises, Inc.New York Supreme Court · 1974
- Mutual Life Insurance v. Gotham Silk Hosiery Co.New York Supreme Court · 1943