Adler v. Berkowitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTompkins, J.
On March 11, 1926, the appellant, Rose Gast, and her husband, Philip (who was not served in this action), gave to one Pensak a bond and mortgage to secure the payment of the sum of $29,000. On the 28th day of June, 1927, the mortgaged premises were conveyed by the appellant Gast to defendant Emil Berkowitz, who took title to the said premises subject to the said mortgage but who did not assume and agree to pay the debt. The plaintiff is the assignee of said bond and the mortgage which is subject to a first mortgage in the sum of $25,000. The bond provided that the whole of the principal sum…
2Cases cited7 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Rothschild v. . Rio Grande Western Railway CompanyNew York Court of Appeals · 1900
- Feigenbaum v. HizsnayAppellate Division of the Supreme Court of the State of New York · 1919
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3Cited by8 opinions
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- Syracuse Trust Co. v. First Trust & Deposit Co.New York Supreme Court · 1931
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962
- MATTER OF HARBISON v. City of BuffaloNew York Court of Appeals · 1958
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