Leighton v. Leighton Lea Ass'n
New York Supreme Court
Action brought by the plaintiff as a judgment creditor of the Leighton Lea Association, a corporation, on his own behalf and for all other creditors of the corporation who may avail themselves of the benefits of the action against said corporation and its stockholders. Motion to dismiss the complaint, in which motion all defendants who have appeared in the action unite.
1Opinion of the CourtSutherland, J.
This action is brought against the Leighton Lea Association and all of its stockholders for the purpose of obtaining payment of a judgment of deficiency arising on the foreclosure of a mortgage given to secure the payment of a portion of the purchase price of about forty acres of land purchased by the association for the benefit of its members, and also to obtain payment of a judgment recovered upon a promissory note given by said association. The motion to dismiss the complaint is based upon the allegations thereof, and upon the conceded fact that the purchase money bond given by the…
2Cases cited17 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Baines v. BabcockCalifornia Supreme Court · 1892
- Stephens v. . FoxNew York Court of Appeals · 1881
- Farnsworth v. . WoodNew York Court of Appeals · 1883
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3Cited by2 opinions
- Leighton v. Leighton Lea Ass' nAppellate Division of the Supreme Court of the State of New York · 1910
- Prisco & Soverio, Inc. v. Service Bond & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1930