Legal Opinion

Benguiat v. Gotham National Bank

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1941Published

1Opinion of the CourtMartin, P. J.

The plaintiff Benguiat controlled the plaintiff Intercontinental Company which owned certain waterfront property at Edgewater, N. J. The defendant Gotham National Bank became the owner of the property in 1922 as the result of foreclosure of its junior mortgage and also a prior first mortgage. The bank sold the property in 1923 to Hudson River Dock and Warehouse Company, part of the consideration being a purchase-money mortgage for $155,000 which was foreclosed when the purchaser subsequently defaulted.

At the sale on the foreclosure of this purchase-money mortgage in 1924 the plaintiff…

2Cases cited6 opinions

  1. Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
  2. Green v. . ClarkeNew York Court of Appeals · 1855
  3. Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
  4. First Commercial Bank v. . ValentineNew York Court of Appeals · 1913
  5. First Commercial Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 1913

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