Manne v. Carlson
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Jeannette K. Manne against Charles 0. Carlson and others. From a judgment in favor of plaintiff, and from an order overruling her demurrer to the complaint, defendant Charles O. Carlson appeals.
1Opinion of the CourtIngraham, J.
The action was brought to foreclose a mortgage to secure the payment of a bond executed and delivered by one *163Niels Toelberg to Elias ICempner. The complaint alleged that before the commencement of this action, and on or about October 5, 1899, the said mortgage was duly assigned by the said Elias Kempner to the plaintiff herein by an instrument in writing duly recorded in the office of the clerk of the city and county of New York. There is no allegation that the bond to secure which the mortgage was given was assigned or transferred to the plaintiff. This appellant, one of the defendants, who…
2Cases cited4 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Youngs v. . KentNew York Court of Appeals · 1871
- Wait v. GetmanAppellate Division of the Supreme Court of the State of New York · 1898
- Bloomingdale v. BowmanNew York Supreme Court · 1889
3Cited by1 opinion
- Dancel v. Goodyear Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1902