Legal Opinion
Jamaica Savings Bank v. M. S. Investing Co.
New York Court of Appeals
Decided April 30, 1937PublishedCited by 55 opinions
1Opinion of the Court
Crane, Ch. J.
It has been quite generally held by eminent text writers that in a foreclosure action there was no right of trial by jury. (8 Carmody’s New York Practice, § 769 ; 3 Jones on Mortgages [8th ed.], § 1840; 1 Fiero on Special Actions, p. 710; Thomas on Mortgages [3d ed.], § 819.)
Prior to the Revised Statutes, a mortgagee could pursue his remedy in chancery to foreclose the mortgage, but was confined in his remedy to the pledge. (Dunkley v. Van Buren, 3 Johns. Ch. 330.) The general rule was “ that the mortgagee may exercise all his rights at the same time, and pursue his remedy in…
2Cases cited11 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Van Rensselaer v. . Van RensselaerNew York Court of Appeals · 1889
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3Cited by55 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Johnson v. Fairfax Village Condominium IV Unit Owners Ass'nDistrict of Columbia Court of Appeals · 1994
- Wells Fargo Bank, N.A. v. MeyersAppellate Division of the Supreme Court of the State of New York · 2013
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
- I. H. P. Corp. v. 210 Central Park South Corp.New York Court of Appeals · 1963
50 more not listed; retrieve them via the Exa API.