Clark v. Vilas National Bank of Plattsburgh
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Two actions by Mary T. Clark against the Vilas National Bank of Plattsburgh, N. Y., impleaded with others. From an order staying nil proceedings in said actions until the further order of the court, plaintiff appeals.
1Opinion of the CourtPutnam, J.
The interest of the respondent in the mortgaged premises, or in the personal property of Newton & Co., cannot be affected by these actions until the plaintiff obtains judgment therein. If either of the defenses interposed are valid, the Vilas National Bank does not require any stay of proceedings, because on a trial it will prevent the obtaining of a judgment by the plaintiff. If neither of the defenses are valid, and the plaintiff in fact is entitled to a judgment; if she, as the owner of the bonds and mortgages described in the complaint, has valid and legal claims against the property in…
2Cases cited3 opinions
- Pond v. . HarwoodNew York Court of Appeals · 1893
- People v. Northern RailroadNew York Supreme Court · 1869
- Elliott v. SmithNew York Supreme Court · 1894