Harlem Savings Bank v. Larkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Harlem Savings Bank, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 14th day of March, 1913, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.
1Opinion of the Court
Ingraham, P. J. :
I think that the action of the plaintiff in interposing an answer in the partition action setting up specifically the bonds and mortgages sought to be foreclosed in this action and asking that it be adjudged that there is now due upon the bonds secured by the said mortgages the sum of $11,000 with interest thereon; that the bank had a lien for the amount so due upon the premises described in said mortgages and in the complaint superior to any other interest therein; that the said premises be sold by and under the direction of the court and that the bank from the proceeds…
2Cited by2 opinions
- Vlcek v. VlcekAppellate Division of the Supreme Court of the State of New York · 1973
- Partrick v. PreiserNew York Supreme Court · 1972