Silverstein v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Menno Brown, from part of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 23d day of February, 1912, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
The defendant Menno Brown appeals from so much of a judgment of foreclosure and sale as directs that a personal judgment be entered against him for any deficiency that may arise upon a sale of the mortgaged premises.
On January 15, 1906, one Samuel Ramsfelder, not a party to this action, made, executed and delivered to the McKinley Realty and Construction Company a bond for $16,000 payable on December 31, 1910, and to secure the payment thereof executed the mortgage sought to be foreclosed in this action. The mortgage further provided that in default of payment of interest due upon…
2Cases cited3 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Belmont v. . ComanNew York Court of Appeals · 1860
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
3Cited by5 opinions
- In re DenlowNew York City Family Court · 1976
- In re the Guardianship of ClarkeNew York Surrogate's Court · 1932
- Yager v. Rubymar Corp.New York Supreme Court · 1961
- Yager v. Rubymar Corp.New York Supreme Court · 1962
- Walsky v. Fairmont Arms, Inc.Appellate Division of the Supreme Court of the State of New York · 1967