Arnstein v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Moses I. Siegel and another, from certain parts of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 27th day of January, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term, as amended by an order entered in said clerk’s office on the 11th day of February, 1908.
1Opinion of the Court
Scott, J.:
The defendants Philip and Moses I. Siegel appeal from so much of the judgment of foreclosure and sale herein as adjudges that they pay the amount of any deficiency, if any there be upon the sale of the premises described in said judgment, and also from that part of said judgment which dismisses the- counterclaim of said appellants.
These appellants, who had previously been in the woolen business, engaged in 1905 in real estate operations. They, were unwilling to incur any greater obligations than necessary, and to that end arranged with the defendant Bernstein, the father-in-law of…
2Cases cited3 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Elliott v. SackettSupreme Court of the United States · 1883
- Flagg v. . MungerNew York Court of Appeals · 1854
3Cited by5 opinions
- Burlingham v. HanrahanNew York Supreme Court · 1931
- Union Trust Co. v. AllenAppellate Division of the Supreme Court of the State of New York · 1934
- In re the Estate of SmathersNew York Surrogate's Court · 1934
- Union Trust Co. v. AllenNew York Supreme Court · 1933
- Renz v. ErnstNew York Supreme Court · 1916