Legal Opinion
Catskill National Bank & Trust Co. v. Saxe
New York Supreme Court
Decided September 17, 1940PublishedCited by 5 opinions
1Opinion of the CourtBergan, J.
Under stipulated facts plaintiff moves for judgment. The principle approved in the dictum of Hyman v Hauff (138 N. Y. 48) is applicable, I think, to the facts of this case. It has been similarly applied (Matter of Harris, 156 Misc. 805). This rule, as stated from the English cases which gave it origin, is that the lien of a mortgage to secure future advances will be postponed, ‘‘ as to such advances as are made after knowledge of the existence of a subsequent mortgage, in favor of the holder of the latter ” (Hyman v. Hauff, supra, p. 54.) It was there further said of the application of the…
2Cases cited5 opinions
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Hyman v. . HauffNew York Court of Appeals · 1893
- Hawkins v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of HarrisNew York Surrogate's Court · 1935
3Cited by5 opinions
- In re CichanowiczDistrict Court, E.D. New York · 1964
- Pisano v. RandAppellate Division of the Supreme Court of the State of New York · 1968
- First Federal Savings & Loan Ass'n v. Green-Acres Building Corp., New York County Courts1963
- In re the Estate of MayerhoferNew York Surrogate's Court · 1964
- Tymon v. McArdleNew York Supreme Court · 1955