King v. . the Merchants' Exchange Co.
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a decree had been made in favor of the plaintiff, in a suit for the foreclosure of two mortgages, and a petition for a rehearing had been denied.
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Appeal from the general term of the Superior Court of the city of New York, where a decree had been made in favor of the plaintiff, in a suit for the foreclosure of two mortgages, and a petition for a rehearing had been denied. (Reported below, 2 Sandf. 693.) This was a bill in equity filed in the late court of chancery, by James G. King, against the Merchants’ Exchange Company and several of the persons holding the bonds of that company, secured mortgages to the plaintiff, for a sale of the mortgaged premises and a foreclosure of the equity of redemption. After the cause was at issue, it was…
1Opinion of the Court
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The bill in this cause was filed by the respondent to foreclose two mortgages executed to him, as trustee, to secure the payment of numerous bonds executed and delivered by the apP8^an^s ^individuals, for money borrowed of them for the purpose of erecting their building in the city of New York, known as the “Merchants’ Exchange.”
The only issue which the appellants raised in their answer, affecting the merits, was on the giving of the bonds and mortgages, and the receipt of the money for which the bonds were issued; and the only objection stated in the answer to the foreclosure, was…
2Cases cited3 opinions
- Wakeman v. . PriceNew York Court of Appeals · 1850
- The Mayor, C. of New-York v. . SchermerhornNew York Court of Appeals · 1848
- Marvin v. . SeymourNew York Court of Appeals · 1848
3Cited by3 opinions
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Central Gold Mining Co. v. PlattNew York Court of Common Pleas · 1870
- Droge v. National Tower Corp.City of New York Municipal Court · 1939