Howard v. . Robbins
New York Court of Appeals
Appeal, by "permission, from air order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1901, which' affirmed two orders of the Erie County Court, one directing the appellant herein to assign to the respondent a certain judgment of foreclosure and sale, bond and mortgage, and the other appointing a receiver in the same action.
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Appeal, by "permission, from air order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1901, which' affirmed two orders of the Erie County Court, one directing the appellant herein to assign to the respondent a certain judgment of foreclosure and sale, bond and mortgage, and the other appointing a receiver in the same action. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The defendant Walter G. Bobbins cannot compel an assignment of the bond, mortgage and judgment by motion…
1Opinion of the CourtCullen, J.
The defendant and respondent, Walter Gr. Robbins, on September 4th, 1897, executed and delivered to the plaintiffs’ testator a bond with a mortgage on certain leasehold property in the city of Buffalo to secure the payment of five thousand dollars. On March 21st, 1898, Robbins and wife conveyed the premises to the Ellicott Square Bank by quitclaim deed for a consideration of one dollar, in which deed there was no reference to the mortgage. The bank paid one thousand dollars on account of the principal of the mortgage. On September 14th, 1899, the bank conveyed the same premises to Harriette…
2Cases cited10 opinions
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