Gottschalk v. Jungmann
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and Patterson, J., dissented. Appeal by the defendant, Julius Jungmann, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of May, 1902, upon the decision of the court rendered after a trial at the New York Special Term in an action to foreclose a mortgage directing the. entry of a deficiency judgment against the defendant, Julius Jungmann.
1Opinion of the Court
Hatch, J.:
On the 30th day of April, 1897, the appellant made, executed and delivered to the respondent a bond, whereby he agreed to pay the sum of $8,000 on the 30th day of April, 1900. The bond contained *172the usual covenant in the penal sum of $16,000 for the recovery of principal, interest and costs, etc. Upon the same date he executed as collateral security for the payment of the bond a mortgage for the same amount, covering certain property on One Hundred and Thirty-third street in the city of Hew York. On or about the 10th day of September, 1897, the mortgagor conveyed the mortgaged…
2Cases cited4 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Osborne v. HeywardAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- National Savings Bank of Albany v. Fermac Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- Wiener v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
- In re ByrneAppellate Division of the Supreme Court of the State of New York · 1903
- Ross v. DavisNew York Supreme Court · 1931
- Union Trust Co. v. RogersAppellate Division of the Supreme Court of the State of New York · 1941
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