Legal Opinion

In re Lafayette National Bank

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

Decided May 13, 1938PublishedCited by 5 opinions

1Per curiam

In a proceeding by the assignee of a mortgage for payment of a condemnation award on property originally subject to a first mortgage held by the applicant bank, it appeared that the mortgage was given by one Gewertz for $3,500 in 1923. A second mortgage, given by an undisclosed owner at a date not named, was held by one Edelstein. Barnet Seidler became the owner of the property before the condemnation proceedings were commenced on August 1, 1929, subject to the two mortgages. On December 30, 1929, Seidler gave a third mortgage to one Berlofsky for $800, and, as further security, assigned to…

2Cases cited3 opinions

  1. Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
  2. Johnson v. . ZinkNew York Court of Appeals · 1873
  3. In re SchottAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by5 opinions

  1. Halfon v. Title Insurance & Trust Co.Nevada Supreme Court · 1981
  2. Fehr v. First Americana Corp.Appellate Division of the Supreme Court of the State of New York · 1969
  3. In re Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
  4. O'Brien v. Empire Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1964
  5. Fischer v. MMRR Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994

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