Metzger v. . Nova Realty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of thé Supreme Court in the first judicial department, entered February 1 J, 1914, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action is brought to foreclose a mortgage.
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Appeal from a judgment of the Appellate Division of thé Supreme Court in the first judicial department, entered February 1 J, 1914, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action is brought to foreclose a mortgage. April 30th, 1907, the Nova Realty Company executed and delivered to the Jumel Realty and Construction Company its bond in the penal sum of twenty-three thousand dollars to secure the payment of eleven thousand five hundred dollars on May 1st, 1910, together with a mortgage accompanying…
1Opinion of the CourtHogan, J.
Upon the trial of the action the court found as matters of fact that the agreement entered into between the plaintiff and the Westown Eealty Company, March 15th, 1910, was made without the knowledge or consent of the defendants Nova Eealty Company and Jumel Eealty and Construction Company that the market value of the premises described in the mortgage from on or about March 15th, 1910, down to and including May 1st, 1910, was $58,650, exceeding the amount of the prior liens and mortgage debt by $8,150. The only question presented on this appeal is the personal liability of the Nova Eealty…
2Cases cited3 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Murray v. . MarshallNew York Court of Appeals · 1884
- National Park Bank v. . KoehlerNew York Court of Appeals · 1912
3Cited by12 opinions
- Reeves v. CordesNew Jersey Court of Chancery · 1931
- Albee v. GrossAppellate Court of Illinois · 1928
- Drabinsky v. Seagate AssociationNew York Court of Appeals · 1925
- Brockton Savings Bank v. ShapiroMassachusetts Supreme Judicial Court · 1942
- Hunt v. GorenbergSupreme Court of New Jersey · 1930
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