Fatta v. Edgerton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George B. Edgerton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of November, 1910, upon the decision of the court rendered after a trial at the Erie Special Term.
1Opinion of the Court
Spring, J.:
The action is to cancel and annul a bond and mortgage given by the plaintiff to the defendant to secure the payment of the sum of $2,800.
In November, 1903, Antonio Battaglia and his wife, the plaintiff, acquired the title as tenants by the entirety of premises situate on Seventh street in the city of Buffalo, and which were held subject to two mortgages, on one of which known as the Utley mortgage there was unpaid about $1,900, and on the other, designated the Snyder mortgage, about the sum of $1,000. In November, 1908, the owner of the smaller mortgage demanded its payment.…
2Cases cited3 opinions
- Yeoman v. . McClenahanNew York Court of Appeals · 1907
- Bohn v. . HavemeyerNew York Court of Appeals · 1889
- Johnstone v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by5 opinions
- Dietrich v. PetersOhio Court of Appeals · 1928
- City Savings Bank & Trust Co. v. PluchelOhio Court of Appeals · 1931
- Fatta v. EdgertonAppellate Division of the Supreme Court of the State of New York · 1913
- Morse v. KelseyNew York Supreme Court · 1912
- Fatta v. EdgertonNew York Supreme Court · 1912