People ex rel. Title Guarantee & Trust Co. v. Ruoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonard Ruoff, as clerk, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 26th day of June, 1913, granting an application for a peremptory writ of mandamus requiring the appellant to record a certificate of satisfaction of a mortgage and cancel and discharge the said mortgage of record.
1Opinion of the Court
Burr, J.:
Much might be written in support of the contention that the mortgage for $165,000 made by the Embo Land Company to the Title Guarantee and Trust Company, which was dated on December 3, 1912, and recorded on December fifth of the same year, was given as a “ supplemental mortgage ” to the mortgage for the same amount given by the Hartley Realty Corporation to the said title company, which was dated July 30 and recorded upon August 2, 1912, and that it was given for the purpose of “ perfecting the previously recorded mort*820gage,” and was a “ contract or agreement by which the indebtedness…
2Cases cited5 opinions
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Mutual Life Insurance v. NicholasAppellate Division of the Supreme Court of the State of New York · 1911
- People v. . GassNew York Court of Appeals · 1912
- People ex rel. Lindgren v. McGuireAppellate Division of the Supreme Court of the State of New York · 1912
- In re Mechanics' BankAppellate Division of the Supreme Court of the State of New York · 1913
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