Ost v. Mindlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Koch and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of November, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 19th day of November, 1914, denying appellants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The facts upon which this appeal turns have been so fully stated by Mr. Justice Laughlin that it is unnecessary to repeat them at length. The appellants are sued as guarantors for the payment of a bond secured by a mortgage, and the question involved has been accurately stated by him to be “ whether the election of the holders of the mortgage at the time of the foreclosure to declare the whole amount due was irrevocable and inured to the benefit of the appellants and could not be waived without their consent.”
The situation of the parties when Stecher and Paley, the then owners of…
2Cases cited4 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Pizer v. HerzigAppellate Division of the Supreme Court of the State of New York · 1907
- Brown v. MasonNew York Court of Appeals · 1902
3Cited by7 opinions
- Matter of LaPagliaUnited States Bankruptcy Court, E.D. New York · 1981
- Trust v. BaruaAppellate Division of the Supreme Court of the State of New York · 2020
- Golden v. Ramapo Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Luckenbach v. PedrickDistrict Court, S.D. New York · 1953
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
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