Paris v. . Lawyers Title Insurance and Trust Company
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1911, affirming a judgment entered upon a decision of the court on trial at Special Term. On March 20, 1909, Samuel Silverstein was the owner of certain real property in the borough of Brooklyn, city of New York, consisting of ten lots.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1911, affirming a judgment entered upon a decision of the court on trial at Special Term. On March 20, 1909, Samuel Silverstein was the owner of certain real property in the borough of Brooklyn, city of New York, consisting of ten lots. On that day he borrowed of the plaintiffs $18,750, for which he gave his bond with a mortgage on said lots as collateral thereto, which mortgage was duly recorded March 24, 1909. Soon thereafter Silverstein commenced the erection of a…
1Opinion of the CourtChase, J.
The claim of the appellant as stated in its brief is that “ The appellant stood as surety to Kratenstein and Weinstein and was entitled to be subrogated, on payment, to their lien and to all collateral thereto, and when they put it out of their power to assign their claim against Silverstein, they so impaired the appellant’s right of subrogation as to subordinate their lien.”
The appellant, to sustain its claim that the lien of Kratenstein and Weinstein should be subordinated to its mortgages, relies upon the decision in Barnes v. Mott (64 N. Y. 397). In that case it was held, as stated in the…
2Cases cited4 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Tripp v. VincentNew York Court of Chancery · 1846
- Howard v. . RobbinsNew York Court of Appeals · 1902
3Cited by3 opinions
- Morris v. TwichellNorth Dakota Supreme Court · 1933
- Matter of Paul R. Dean Co., Inc.District Court, W.D. New York · 1978
- Bank of New York v. HirschfeldNew York Supreme Court · 1973