Metropolitan Life Insurance v. Childs Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Childs Company, from a judgment of the Supreme court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of November, 1917, upon the decision of the court after a trial before the court, a jury having been waived.
1Dissent
Laughlin, J. (dissenting):
This action was brought to recover rent pursuant to the' terms of a lease in writing, made May 1, 1902, and terminating May 1, 1923, which was junior to a then recorded mortgage held by plaintiff, executed March 20, 1901. On the 9th of December, 1913, plaintiff brought an action to foreclose the mortgage and joined the defendant, the lessee, and it appeared by attorneys; and on the 24th of April, 1914, a judgment of foreclosure in the usual form was duly entered in the action. The judgment was served on the defandant’s attorneys on May 1, 1914. On May fifth it…
2Cases cited2 opinions
- Four Hundred Sixty-One Eighth Avenue Co. v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Metropolitan Life Ins. v. Hydrex Felt & Engineering Co.Appellate Division of the Supreme Court of the State of New York · 1914