Levy v. The Mayor, Alderman & Commonalty of the City of New York
The Superior Court of New York City
On the 15th day of July, 1855, Eobert Sturgeon, and Anna his wife, executed and delivered to the plaintiff a mortgage upon a certain lot of land, situated in West Thirty-second street, in the city of New York ; which mortgage was given as security for the payment of a certain bond for five hundred dollars. On or about the 9th day of December, 1862, the plaintiff commenced an action in the Supreme Court to foreclose this mortgage.
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On the 15th day of July, 1855, Eobert Sturgeon, and Anna his wife, executed and delivered to the plaintiff a mortgage upon a certain lot of land, situated in West Thirty-second street, in the city of New York ; which mortgage was given as security for the payment of a certain bond for five hundred dollars. On or about the 9th day of December, 1862, the plaintiff commenced an action in the Supreme Court to foreclose this mortgage. On the 22d day of August, 1863, judgment for foreclosure was filed, by which judgment James J. Colwell was appointed referee to sell .the mortgaged premises. The…
1Opinion of the Court
By the Court, Robertson, Ch. J.
There can be no question as to the right of the plaintiff to recover whatever damages he sustained by injury to the buildings or the premises mortgaged to him, so far as he lost or was likely to lose thereby, any part of the debt secured by such mortgage, which he could otherwise recover. But if the evidence in the case can be appealed to, it would show that in the action for the sale of such mortgaged premises, the amount due the plaintiff was about seven hundred and fifty dollars, and he bought them with the buildings destroyed, subject to a prior mortgage,…
2Cases cited14 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Gardner v. HearttNew York Supreme Court · 1846
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