Legal Opinion
Seamen's Bank for Savings v. Smadbeck
New York Court of Appeals
Decided June 8, 1944PublishedCited by 20 opinions
1Opinion of the CourtThacher, J.
During his lifetime August Heckscñer, the respondent’s testator, borrowed from the plaintiff $100,000, for the repayment of which he gave his personal bond secured by a mortgage on real estate which he then owned. The debt fell due in November, 1937, and remains unpaid to the extex¿; of $80,000. On February 10, 1939, after the debt became due, Heckscher conveyed the property subject to the mortgage to the Heckscher Foundation for Children. He died on April 26, 1941. The plaintiff took no steps to foreclose the mortgage but presented its claim for $80,000, the balance of the debt, to the…
2Cases cited10 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Fargo v. . SquiersNew York Court of Appeals · 1897
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Low v. Bankers Trust Co.New York Court of Appeals · 1936
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Copp v. Sands Point Marina, Inc.New York Court of Appeals · 1966
- Westnau Land Corp. v. U.S. Small Business Administration, as an Agency of the United States of AmericaCourt of Appeals for the Second Circuit · 1993
- Wyoming County Bank & Trust Co. v. KileyAppellate Division of the Supreme Court of the State of New York · 1980
- United States v. WhitneyDistrict Court, W.D. New York · 1985
15 more not listed; retrieve them via the Exa API.