Preston v. Brinley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Caroline Brinley and another, 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 6th ’ day of July, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure of a mortgage and a sale of the real estate covered thereby.
1Opinion of the Court
McLaughlin, J.:
On the 30th of March, 1899, the defendant Brinley was the owner of certain real estate in the city of New York, upon which "there was a. mortgage of $83,000. She desired an additional loan of $8,000 and applied to the plaintiff corporation for membership and made a premium bid of $21,840 in stock for the loan of $91,000 which she required. The result, of her application was that the corporation accepted her as a member and, instead of advancing the $83,000 necessary to pay off the prior mortgage, it assumed and agreed to pay the same and advance in cash the $8,000 required. It…
2Cases cited7 opinions
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
- Curtis v. Granite State Provident Ass'nSupreme Court of Connecticut · 1897
- Hall v. StowellAppellate Division of the Supreme Court of the State of New York · 1902
- Breed v. RuoffAppellate Division of the Supreme Court of the State of New York · 1900
- Breed v. . RuoffNew York Court of Appeals · 1903
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