Jackson v. American Cigar Box Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Cigar Box Company, 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 30th day of December, 1909, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury.
1Opinion of the Court
Miller, J.: ■
The facts in this action were stipulated. On the 13th day of February, 1908, the plaintiff loaned to one Erkins the sum of $5,000 on' the latter’s bond secured by two mortgages, and at the same time took an assignment of certain sub-leases by an instrument in writing providing: “ This assignment is given as collateral security for the faithful performance of the covenants Contained in a bond and two mortgages, all bearing even date , herewith executed by Henry M. Erkins and Mary P. Erkins, and is to become void upon the faithful performance of all of said covenants.”
*196This action…
2Cases cited4 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
- Jackson v. ErkinsAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Spadaro v. Chenango County National Bank & Trust Co.New York Supreme Court · 1935
- Milman & Shwergold, P. C. v. Chase Manhattan Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- People v. Community Live Poultry Corp.New York Supreme Court · 1926