Legal Opinion

S. J. E. Building Corp. v. Matt O. M. Construction Co.

New York Court of Appeals

Decided October 9, 1934PublishedCited by 9 opinions

1Opinion of the CourtCrane, J.

This action is brought to foreclose a mortgage on real property situated in Brooklyn, county of Kings, on which the sum of $25,316.82 was found to be due. This was a building loan mortgage. The defendant, Matt O. M. Construction Co., Inc., interposed an answer setting up two counterclaims, one for $2,000, by reason of the failure on the part of the plaintiff to make the last payment called for by the building loan agreement; and the other for $37,500, based on allegations of fraud, in that the plaintiff had interfered with this defendant getting a first mortgage of $37,500, saying that it…

2Cases cited3 opinions

  1. Herpe v. . HerpeNew York Court of Appeals · 1919
  2. Livingston v. . LivingstonNew York Court of Appeals · 1903
  3. Corr v. HoffmanNew York Court of Appeals · 1931

3Cited by9 opinions

  1. In re HuieNew York Court of Appeals · 1967
  2. Emigrant Industrial Savings Bank v. Van BokkelenNew York Court of Appeals · 1935
  3. Hansen v. City of New YorkNew York Court of Appeals · 1949
  4. Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1968
  5. Milman v. DennistonNew York Supreme Court · 1947

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