Henken v. Schwicker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ernst Henken and another, from a judgment of the Supreme Court in favor of the defendants, Frederick Schwicker and Katie Schwicker, his wife, entered in the office of the clerk of the county of Queens on the 26th day of July, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, directing a sale in foreclosure, which adjudged that the sum of $600 was the only sum secured by the mortgage sought to be…
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Appeal by the plaintiffs, Ernst Henken and another, from a judgment of the Supreme Court in favor of the defendants, Frederick Schwicker and Katie Schwicker, his wife, entered in the office of the clerk of the county of Queens on the 26th day of July, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, directing a sale in foreclosure, which adjudged that the sum of $600 was the only sum secured by the mortgage sought to be foreclosed in the action.
1Opinion of the Court
Hirschberg, J.:
There is practically no dispute about the facts. The defendant Frederick Schwicker, desiring to borrow the sum of $4,000, applied to a real estate agent named Dreher to procure the loan for him. It was agreed between them that the application should be made for $4,200, the additional $200 to be applied in payment of Dreher’s commission for services in the transaction. Of the money to be borrowed, $3,200 was to be secured by bond and mortgage upon the real estate in question in this action, and with that amount alone are we concerned. That real estate was then incumbered with…
2Cases cited3 opinions
- Rapps v. . GottliebNew York Court of Appeals · 1894
- Graves v. MumfordNew York Supreme Court · 1857
- Josephthal v. HeymanNew York Supreme Court · 1876
3Cited by2 opinions
- Union Cent. Life Ins. Co. v. PappanSupreme Court of Oklahoma · 1912
- Johnstone v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1910