Legal Opinion

Sullivan v. Corn Exchange Bank

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1912PublishedCited by 23 opinions

Separate appeals by the defendants, Corn Exchange Bank and W. & J. Sloane, each from so much of an order of-the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of October, 1912, as grants judgment to the plaintiff on the pleadings against such appellant.

1Opinion of the Court

Burr, J.:

(f'EromTaffi'order granting plaintiff’s motion for judgment on the pleadings this appeal comes.

The complaint alleges that on October 31, 1910, defendant Monahan was justly indebted to plaintiff in the sum of $4,000, and as security for the payment of such indebtedness promised to execute his bond for that amount, bearing date on that day, secured by a mortgage on real property in Kings county. On the date named he did execute and deliver such a mortgage, but failed to execute and deliver the bond. The mortgage contained a recital that Monahan was indebted to plaintiff in the sum…

2Cases cited20 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. In re HoweNew York Court of Chancery · 1828
  3. Sprague v. . CochranNew York Court of Appeals · 1894
  4. Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
  5. Pettibone v. GriswoldSupreme Court of Connecticut · 1822

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3Cited by23 opinions

  1. Federal Deposit Insurance Co., Cross-Appellant v. Leonard Malin, and Phyllis Malin, Cross-AppelleesCourt of Appeals for the Second Circuit · 1986
  2. Pine v. OkoniewskiAppellate Division of the Supreme Court of the State of New York · 1939
  3. Suffolk County Federal Savings & Loan Ass'n v. GeigerNew York Supreme Court · 1968
  4. Fox v. SizeLandNew York Supreme Court · 1938
  5. Savings & Loan Ass'n v. BerberichAppellate Division of the Supreme Court of the State of New York · 1965

18 more not listed; retrieve them via the Exa API.

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