Rollins v. Barnes
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Edward A. Rollins, as surviving partner of the firm, of Rollins & Co., against Everett Barnes, to foreclose a mortgage. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtHatch, J.
The purpose of this action is to foreclose a mortgage. The complaint alleged that the mortgage was made to secure a bond in the sum of $3,500, executed by the defendant to one Francis J. Sheehan, and was by said Sheehan assigned to the plaintiff in the action, who thereby became the owner for the full amount secured thereby. The answer alleged that the bond and mortgage were made upon request of one. Reon Barnes, a brother of the defendant, for the accommodation of the former, and for the purpose of being used as collateral security for the extension and payment of a loan of $2,000…
2Cited by1 opinion
- Rollins v. BarnesAppellate Division of the Supreme Court of the State of New York · 1898