Thomas v. Zahka
New York Supreme Court
Action to recover plaintiff’s share in a certain bond and mortgage after same has been satisfied.
1Opinion of the CourtCropsey, J.
This case was tried before the court, a jury being waived. There is no disputed question of fact, all the facts being conceded. Briefly, they are these: The plaintiff owned a mortgage on real property for $3,500, which she assigned to the defendants as security for a loan of $2,000, which they made to a party named Plaisantin; the assignment on its face *336was absolute; at the time it was given a participation agreement in the usual title company form was executed, by which the defendants were declared to hold a prior interest in the mortgage to the extent of $2,000 and the plaintiff a…
2Cases cited28 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Booth v. . PowersNew York Court of Appeals · 1874
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Henry v. . HerringtonNew York Court of Appeals · 1908
23 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harber v. HarberSupreme Court of Georgia · 1924
- Yates v. FergusonNew Mexico Supreme Court · 1970
- Clare v. New York Life InsuranceNew York Supreme Court · 1917
- Pillsbury v. EarlyAppellate Court of Illinois · 1929
- Thomas v. ZahkaAppellate Division of the Supreme Court of the State of New York · 1917
2 more not listed; retrieve them via the Exa API.