Quinlan v. John E. Olson Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Estelle Quinlan, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of September, 1912, granting the respondents’ motion to bring in as defendant the Hudson Mortgage Company.
1Opinion of the Court
McLaughlin, J. :
It is unnecessary to state the facts since they are set forth in the opinion of Mr. Justice Laughlin. The authorities there cited, as it seems to me, when applied to the conceded facts, require an affirmance of the order. The trustee in bankruptcy is entitled to know just how much there is due upon the first mortgage, otherwise he is not in a position to bid intelligently at the sale. It is alleged that while the first mortgage is nominally for $300,000, it is in fact for, and there is only due, $260,000. Under such circumstances, the action being in equity, the court was…
2Cases cited3 opinions
- Jerome v. McCarterSupreme Court of the United States · 1877
- Commercial Trust Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1909
- Brush v. LevyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
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- Second National Bank of Cooperstown v. CalvertNew York Supreme Court · 1934
- Bayview Loan Servicing, LLC v. SulymanAppellate Division of the Supreme Court of the State of New York · 2015