Legal Opinion
National Savings Bank of Albany v. Fermac Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1934PublishedCited by 8 opinions
1Opinion of the CourtBliss, J.
The appealing defendant, Fermac Corporation, was the original mortgagor. After giving to the plaintiff the mortgage which is here being foreclosed, this defendant conveyed the premises subject to such mortgage but without any assumption of the same by the grantee. This new owner gave to this same plaintiff a second mortgage on the premises. Then the property was conveyed through a series of owners subject to the two mortgages, which were assumed by all of the subsequent owners except the last. Both mortgages came due on April 5, 1931, at which time there was unpaid on the first mortgage…
2Cases cited4 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Osborne v. HeywardAppellate Division of the Supreme Court of the State of New York · 1899
- Gottschalk v. JungmannAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Chemical Bank v. MeltzerNew York Court of Appeals · 1999
- Istituto Mobiliare Italiano v. Motorola, Inc.District Court, N.D. Illinois · 1988
- First Federal Savings & Loan Ass'n v. CapalongoAppellate Division of the Supreme Court of the State of New York · 1989
- Union Trust Co. v. RogersAppellate Division of the Supreme Court of the State of New York · 1941
- Chemical Bank v. MeltzerAppellate Division of the Supreme Court of the State of New York · 1997
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