Ettlinger v. Persian Rug & Carpet Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 18, 1892, which reversed a judgment in favor of defendant Theodore Schumacher, entered upon an order dismissing the complaint oil trial at Special Term and ordered #, new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made November 18, 1892, which reversed a judgment in favor of defendant Theodore Schumacher, entered upon an order dismissing the complaint oil trial at Special Term and ordered #, new trial. This action was brought by plaintiff as holder of a bond of defendant, the Persian Rug and Carpet Company, secured by a mortgage executed by Said company to the defendant Paul M. Iirause, as trustee, to foreclose said mortgage. The facts, so far as material, are stated in the opinion. The complaint was properly…
1Opinion of the CourtFinch, J.
The determination of a single question discussed on the argument will dispose of this appeal. The plaintiff was one of two bondholders protected by a trust mortgage. His complaint showed all the facts necessary to a judgment of foreclosure if the action had been brought by the trustee, and sought to justify his intervention as bondholder and plaintiff in the action upon the ground that the trustee had left this country, and was somewhere in foreign parts, and had become insane. On the trial the fact of such absence was shown; that the family of the trustee had also departed to join him…
2Cases cited1 opinion
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
3Cited by27 opinions
- Cruden v. Bank of New YorkCourt of Appeals for the Second Circuit · 1992
- Czaplicki v. the Hoegh SilvercloudSupreme Court of the United States · 1956
- Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
- Dillon v. ElmoreIllinois Supreme Court · 1935
- In Re Latham Lithographic CorporationCourt of Appeals for the Second Circuit · 1939
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