Astor Mortgage Co. v. Milton Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Colwell Lead Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of May, 1911, upon the decision of the court, rendered after a trial at the Kings County Special Term, barring and foreclosing all rights and liens of the appellants in certain mortgaged premises.
1Opinion of the Court
Woodward, J.:
This action was brought to foreclose a purchase-money mortgage assigned to the plaintiff. The defendants Hudson Mantel and Mirror Comany and the Colwell Lead Company had, subsequent to the mortgage, furnished plumbing, mantels and mirrors used in the construction of certain houses upon the premises covered by the mortgage, but these materials had been placed under contracts of conditional sale, which contracts were duly filed according to law, and the question here presented is whether the plaintiff is entitled to hold these mate*558rials as a part of the mortgage security, or…
2Cases cited1 opinion
- Barwin Realty Co. v. Union Stove WorksAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Kellogg v. Wilner Const. Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Kellogg v. Wilner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1914