Legal Opinion

Lake v. Oldacre

New York Supreme Court

Decided August 3, 1916Published

Action by Luther S. Lake and another against Willis Howard Old-acre and others to foreclose a mortgage. Foreclosure decreed.

1Opinion of the CourtSawyer, J.

Prior to November 1, 1915, the firm of Alice & Old-acre had become indebted to defendants Brewster upon a balance of account in the sum of $442.02, and upon that day an attorney, acting for the Brewsters, called at the firm’s store and in their name demanded of the defendant Willis H. Oldacre, who was one of its members, immediate payment or security, stating that in event such demand was not complied with he would sue them at once. It appears that he had come prepared to take such action, and had with him at the time a summons for service. Some conversation was had between them as to Alice &…

2Cases cited3 opinions

  1. Mayer v. . HeidelbachNew York Court of Appeals · 1890
  2. O'Brien v. . FleckensteinNew York Court of Appeals · 1905
  3. Douglas v. MillerAppellate Division of the Supreme Court of the State of New York · 1905

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