Clare v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Wilheknina M. Bonhag and another, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 15th day of May, 1917, denying their motion to vacate a receivership in foreclosure.
1Opinion of the Court
Laughlin, J.:
The appellants are the owners of the equity of redemption. The action is brought to foreclose a mortgage for $36,000 given by Flannigan, Inc., to the Title Insurance Company of New York, on the 23d day of February, 1912, as security for the payment of a bond of the same amount. The mortgage was assigned to the defendant insurance company on the day of its date and on the same day a participation agreement was made between the insurance company and the plaintiff, which recites that the mortgage was to be assigned to the insurance company and that plaintiff was to have an interest…
2Cases cited3 opinions
- Ettlinger v. Persian Rug & Carpet Co.New York Court of Appeals · 1894
- Lowenfeld v. WimpleAppellate Division of the Supreme Court of the State of New York · 1910
- Clare v. New York Life InsuranceNew York Supreme Court · 1917
3Cited by7 opinions
- New Bank of New England, N.A. v. Toronto-Dominion BankDistrict Court, S.D. New York · 1991
- 100 Eighth Ave. Corp. v. MorgensternNew York Supreme Court · 1956
- Goodwin v. Investors & Traders Reality Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Great Neck Improvement Corp. v. Shoreward Realty Corp.New York Supreme Court · 1932
- In re New York Title & Mortgage Co.New York Supreme Court · 1937
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