Legal Opinion

Becker v. Faber

New York Court of Appeals

Decided February 28, 1939PublishedCited by 82 opinions

1Opinion of the CourtLehman, J.

The plaintiff has brought this action to foreclose a mortgage upon real property in Nassau county. Payment of the principal and interest of the bond, secured by the mortgage, was guaranteed in October, 1923, by John A. Kolle. Asking a deficiency judgment against the executors of the last will and testament of John A. Kolle, deceased, the plaintiff made them parties to the foreclosure action. The complaint against them has been dismissed on the ground that the mortgagor and mortgagee modified the terms of the mortgage agreement without the knowledge or consent of the guarantor, and by force of…

2Cases cited8 opinions

  1. Page v. . KrekeyNew York Court of Appeals · 1893
  2. Paine v. . JonesNew York Court of Appeals · 1879
  3. National Park Bank v. . KoehlerNew York Court of Appeals · 1912
  4. Cambridge Savings Bank v. HydeMassachusetts Supreme Judicial Court · 1881
  5. Antisdel v. . WilliamsonNew York Court of Appeals · 1901

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3Cited by82 opinions

  1. Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
  2. Yeazell v. CopinsArizona Supreme Court · 1965
  3. Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  4. United Concrete Pipe Corp. v. Spin-Line Co.Texas Supreme Court · 1968
  5. Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989

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