McCauslan v. Zoar Holding Co.
New York Supreme Court
1Opinion of the CourtPeters, J.
The plaintiff in each of these cases demands a judgment for $6,000, the full amount of a bond given to insure the erection, upon each of the separately mortgaged premises, of a building of a given type, although the actual money loss suffered by each plaintiff was the sum of- seventy-two dollars in the form of a deficiency judgment rendered in each action brought to foreclose the mortgage owned by each plaintiff on the properties in question. Because the mortgages were made December 29, 1924, and the surety bonds were not executed until January 26, 1925, plaintiffs argue that there is no…
2Cases cited2 opinions
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Westcott v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- John P. Mills Organization, Inc. v. UngerCalifornia Supreme Court · 1932