Legal Opinion

Smith v. Wagner

New York Supreme Court

Decided February 15, 1919PublishedCited by 6 opinions

Action to foreclose a mortgage upon real property.

1Opinion of the CourtGiegerich, J.

The action is to foreclose a mortgage upon real property in New York county and questions are raised as to the liability to a deficiency judgment, if any results, of the defendant Wagner and of the defendants Blohm and Papenhausen. The material facts, briefly stated, are as follows: On January 30, 1890, Eva Muller and George Müller, her husband, executed and delivered to John T. Willets, as guardian of Phebe P. Willis, their bond in the penal sum of $34,000 to secure the payment of $17,000, together with a mortgage accompanying the same on the real estate in question. Neither of the said…

2Cases cited24 opinions

  1. Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
  2. Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
  3. Shapley v. . AbbottNew York Court of Appeals · 1870
  4. O'Brien v. . JacksonNew York Court of Appeals · 1901
  5. Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827

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3Cited by6 opinions

  1. Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
  2. In Re EscobarUnited States Bankruptcy Court, E.D. New York · 2011
  3. Newell Brothers v. HansonSupreme Court of Vermont · 1924
  4. Crocker v. IrelandAppellate Division of the Supreme Court of the State of New York · 1932
  5. United States v. Curtiss Aeroplane Co.District Court, S.D. New York · 1943

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