Legal Opinion

National Bank v. Erion-Haines Realty Co.

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

Decided May 6, 1925PublishedCited by 15 opinions

1Opinion of the Court

Hubbs, P. J.:

This is an action to recover upon a promissory note. The answer admits certain allegations of the complaint, denies others and pleads certain defenses. The third defense alleges in substance that, by an arrangement the details of which it is not necessary to recite, a real estate bond and mortgage were given to the plaintiff’s assignor as security collateral to the note in question; that the plaintiff holds said bond and mortgage; that the defendants offered to pay the note upon which the action has been brought if the plaintiff would discharge the mortgage which it holds as…

2Cases cited15 opinions

  1. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  2. Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
  3. Union Bank v. . SullivanNew York Court of Appeals · 1915
  4. American Guild v. . DamonNew York Court of Appeals · 1906
  5. Commercial National Bank v. ZimmermanNew York Court of Appeals · 1906

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3Cited by15 opinions

  1. First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
  2. Adler v. Interstate Trust & Banking Co.Mississippi Supreme Court · 1933
  3. Fidelity Bank, National Ass'n v. AvrutickDistrict Court, S.D. New York · 1990
  4. Torre v. GiorgioAppellate Division of the Supreme Court of the State of New York · 2008
  5. Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927

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