Legal Opinion
Bank for Savings v. Frank
The Superior Court of New York City
Decided December 15, 1878PublishedCited by 6 opinions
1Opinion of the CourtFreedman, J.
These two actions which were tried together, were commenced to foreclose mortgages on the same property, and the question between the Bank for Savings and Martin Frank, as the holders of the mortgages, is which of the said mortgages shall have priority.
There can be no doubt that the real agreement between the bank and Wolff, the assignor of Frank, was that Wolff should waive the priority of his mortgage upon the premises in question in favor of a mortgage to be given by Eppensteiner to the bank upon the same premises to secure the payment of the sum of $7,000.
To carry such agreement into…
2Cases cited12 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Schafer v. . ReillyNew York Court of Appeals · 1872
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Greene v. . WarnickNew York Court of Appeals · 1876
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3Cited by6 opinions
- Weideman v. ZielinskaAppellate Division of the Supreme Court of the State of New York · 1905
- Gearon v. KearneyNew York Supreme Court · 1898
- Weideman v. PechAppellate Division of the Supreme Court of the State of New York · 1905
- Kendall v. NiebuhrThe Superior Court of New York City · 1879
- Kendall v. NiebuhrThe Superior Court of New York City · 1879
1 more not listed; retrieve them via the Exa API.