Henken v. Schwicker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ernst Henken and another, from a judgment of the Supreme Court in favor of the defendants, Frederick Schwicker and Katie Schwicker, his wife, entered in the office of the clerk of the county of Queens on the 26th day of July, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, directing a sale in foreclosure, which adjudged that the sum of $600 was the only sum secured by the mortgage sought to be…
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Appeal by the plaintiffs, Ernst Henken and another, from a judgment of the Supreme Court in favor of the defendants, Frederick Schwicker and Katie Schwicker, his wife, entered in the office of the clerk of the county of Queens on the 26th day of July, 1900, upon the decision of the court, rendered after a trial at the Queens County Special Term, directing a sale in foreclosure, which adjudged that the sum of $600 was the only sum secured by the mortgage sought to be foreclosed in the action.
1Dissent
Woodward, J. (dissenting):
The facts in this case are practically undisputed. The defendant Frederick Schwicker, desiring to borrow the sum of $4,000, applied' to a real estate agent and broker named Dreher to procure the loan. It was agreed between them that the loan should be for the sum of $4,200, the additional $200 to go to Dreher as a commission for securing the loan. Of the money to be borrowed $3,200 was to be secured by bond and mortgage upon the real estate in question, and we are here concerned only with this part of the transaction. The real estate described in the complaint was…
2Cases cited2 opinions
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Phister v. GoveMissouri Court of Appeals · 1892