Danziger v. . Simonson
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made February 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made February 1, 1886, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The filing of Us pendens by the plaintiff within ninety days from the time of filing lien by the appellant, enures to the benefit of all other defendants who have filed liens, and, therefore, the filing of Us pendens by the appellant herein was unnecessary. (McDermott v. McDonald, 18 J & S. 153 ; Laws…
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mortgage. The defendant Simonson was made a party defendant, as having or claiming to have some interest in or lien upon the mortgaged premises, which interest or lien, if any, had accrued subsequently to the lien of the mortgage.
The answer interposed alleged, in substance, that the mortgage was executed by the defendant, Andrew Kelly, as a security for money thereafter to be advanced by the plaintiff, under an agreément, in writing, by which Kelly had agreed to erect four buildings upon the premises covered by the mortgage, and that the plaintiff was to…
2Cases cited1 opinion
- People v. . RichardsNew York Court of Appeals · 1888
3Cited by14 opinions
- Noce v. KaufmanNew York Court of Appeals · 1957
- Bradley v. Henry Huber Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Weisinger v. RaeNew York Supreme Court · 1959
- John A. Philbrick & Bros. v. Ignatz Florio Co-Operative Ass'nAppellate Division of the Supreme Court of the State of New York · 1910
- Charles M. Gray Marble & Slate Co. v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1923
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