Legal Opinion
Wicks v. Carmichael
New York Supreme Court
Decided December 30, 1939PublishedCited by 5 opinions
1Opinion of the Court
Gold (A. E.), J.
The action is to foreclose a mortgage on real property and the motion is to dismiss the complaint in so far as it seeks to hold the defendant Adrian F. Ballman liable for deficiency' judgment.
The defendant is sued as one of the residuary legatees under the will of James J. Dalton, a former owner of the property, who by the deed to him assumed and agreed to pay the mortgage indebtedness.
The will has been admitted to probate and, although it does not appear that the executors have been judicially discharged, the complaint alleges, and it must, therefore,, be taken as true, that…
2Cases cited18 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- King v. WhitelyNew York Court of Chancery · 1843
- Comstock v. . DrohanNew York Court of Appeals · 1877
- Glacius v. . FogelNew York Court of Appeals · 1882
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
13 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rochester Savings Bank v. Stoeltzen & Tapper, Inc.New York Supreme Court · 1941
- First National Bank v. GoodmanNew York Supreme Court · 1940
- City of New York v. Nic Homes, Inc.Civil Court of the City of New York · 1964
- National Savings Bank v. National Commercial BankNew York Supreme Court · 1941
- Florman v. MarksAppellate Division of the Supreme Court of the State of New York · 1978