Best v. . Thiel
New York Court of Appeals
Appeal from judgment 'of the General Term of the. Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of'a referee. This action was brought by plaintiff as receiver of the German Savings Bank, of the town of Morrisiana, to foreclose a mortgage executed by defendant Thiel and wife. The facts appear sufficiently in the opinion.
1Opinion of the CourtEarl, J.
This is an action to foreclose a mortgage executed by the defendant and his wife to one Hall and by him assigned to the savings bank of which the plaintiff has become the receiver. . The defendant was one of the trustees of the bank, and there, was a deficit in the assets of the bank to the amount of $70,000, and defendant executed this mortgage and had it assigned to the bank, for the express purpose of making up this deficit and thus enabling the bank to go on with its business.
The learned counsel for the appellant seeks the reversal of this judgment upon two grounds which I will briefly…
2Cases cited1 opinion
- Gray v. . BartonNew York Court of Appeals · 1873
3Cited by21 opinions
- Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
- German-American Finance Corp. v. Merchants & Manufacturers State BankSupreme Court of Minnesota · 1929
- State Bank v. KirkSupreme Court of Pennsylvania · 1907
- Bay Parkway National Bank v. ShalomNew York Court of Appeals · 1936
- Prudential Trust Co. v. MooreMassachusetts Supreme Judicial Court · 1923
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