Legal Opinion

White v. Wielandt

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1940PublishedCited by 21 opinions

1Opinion of the CourtJohnston, J.

The specific question to be determined may be stated as follows: Where, based upon a default in the payment of principal, interest and taxes, the usual action to foreclose a mortgage is instituted and a deficiency judgment is sought, computed on the total amount due for principal, interest and taxes, is it proper to incorporate in the complaint additional causes of action for a money judgment against the obligors on the bond for the unpaid interest and the taxes paid by the mortgagee?

The complaint contains four causes of action: (1) To foreclose a mortgage given to secure a bond executed by…

2Cases cited16 opinions

  1. Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
  2. Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
  3. Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
  4. Honeyman v. HananNew York Court of Appeals · 1937
  5. Scofield v. . DoscherNew York Court of Appeals · 1878

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wesselman v. Engel Co.New York Court of Appeals · 1955
  2. Central Hanover Bank v. Roslyn Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1943
  3. Getlan v. Hofstra UniversityAppellate Division of the Supreme Court of the State of New York · 1973
  4. Security National Servicing Corp. v. LiebowitzAppellate Division of the Supreme Court of the State of New York · 2001
  5. Stein v. BlatteNew York Supreme Court · 1983

16 more not listed; retrieve them via the Exa API.

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