Lawrence v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George H. Lawrence and others, as executors, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of December, 1909, upon the decision of the court,, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
The defendants Begina, Ida and Lillie Binninger were devisees of all of the real estate of their mother, Lizetta Binninger, who was indebted to the plaintiffs’ testatrix on a bond for the sum of $1,500, which was secured by a mortgage. Lizetta Binninger died seized of two parcels of land, one of which was covered by the mortgage to secure the bond'. There was a prior mortgage on this parcel which was foreclosed after her death, leaving no surplus applicable to the said indebtedness evidenced by the bond and mortgage held by the plaintiffs’ testatrix. This action was brought…
2Cases cited4 opinions
- Wood v. WoodNew York Supreme Court · 1858
- Avery v. AveryAppellate Division of the Supreme Court of the State of New York · 1907
- Wendel v. BinningerAppellate Division of the Supreme Court of the State of New York · 1909
- Lawrence v. GroutAppellate Division of the Supreme Court of the State of New York · 1906