Legal Opinion

Muhlenberg Hospital v. Lawyers Title & Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1940PublishedCited by 4 opinions

1Opinion of the CourtGlennon, J.

The plaintiffs are the holders of certain mortgage obligations which were sold to them by the defendant Lawyers Title and Trust Company prior to February 28, 1925. These obligations are now in default. Since there are a large number of other defaulted obligations, plaintiffs have seen fit to institute this action in a representative capacity for themselves and holders similarly situated. The defendants by appropriate motion have attacked the complaint upon the theory that this action will not lie against Lawyers Trust Company without the plaintiffs first obtaining judgments, upon their claims…

2Cases cited3 opinions

  1. Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
  2. Irvine v. . New York Edison Co.New York Court of Appeals · 1913
  3. Trotter v. . LismanNew York Court of Appeals · 1910

3Cited by4 opinions

  1. O'Neil v. American Radiator Co.District Court, S.D. New York · 1942
  2. Cappello v. Union Carbide & Carbon Corp.New York Supreme Court · 1951
  3. Muhlenberg Hospital v. Lawyers Title & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1940
  4. W. H. Elliott & Sons, Inc. v. E. & F. King & Co.District Court, D. New Hampshire · 1958

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