First National Bank v. Royal Marcher
New York Supreme Court
1Opinion of the CourtHofstadter, J.
This action is brought to recover $7,425.24, the balance due on a promissory note secured by a mortgage on real estate. The action was instituted on June 30,1938, and the parties agree that if the cause of action accrued to the plaintiff, or its predecessor, prior to June 30, 3932, it is barred by the Statute of Limitations in effect both in Alabama, where the real property is situated, and in New York, where the note and mortgage were executed.
The note and mortgage in question were executed on July 2, 1928, in the State of New York by the defendants, and mailed to the plaintiff’s predecessor…
2Cases cited8 opinions
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
- Stumpf v. . HallahanNew York Court of Appeals · 1906
- Summers v. WrightSupreme Court of Alabama · 1935
- Banzer v. RichterAppellate Division of the Supreme Court of the State of New York · 1911
- Estes Lumber Co. v. Investors' SyndicateSupreme Court of Alabama · 1931
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3Cited by3 opinions
- Thompson v. WillsonNew York Supreme Court · 1944
- Braniff Airways, Inc., Phillip Addabbo, and Morton D. Stein, as of the Estate of Maurice Berg, Deceased v. Curtiss-Wright CorporationCourt of Appeals for the Second Circuit · 1970
- Braniff Airways, Inc., Phillip Addabbo, and Morton D. Stein, as of the Estate of Maurice Berg, Deceased v. Curtiss-Wright CorporationCourt of Appeals for the Second Circuit · 1970