Catlin v. . Grissler
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, reversing in part a judgment in favor of plaintiff entered at Special Term. The facts material to the decision by this court are sufficiently stated in the -opinion. The mortgage and leases mortgaged can he read upon the hearing of the appeal.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, reversing in part a judgment in favor of plaintiff entered at Special Term. The facts material to the decision by this court are sufficiently stated in the -opinion. The mortgage and leases mortgaged can he read upon the hearing of the appeal. (Bk. of Charleston v. Emeric, 2 Sand., 719; Rockwell v. Merwin, 45 N. Y., 166, 168; Jarvis v. Sewall, 40 Barb., 449.) The leases of the mortgagors containing a covenant of re-entry for non-payment of rent, the mortgagee was at liberty to pay rent in arrear to prevent…
1Opinion of the Court
Lott, Ch. C.
This is a case sui generis, .and the practice therein cannot be recommended as a precedent. The complaint sets forth that the defendants Joseph Gr. Browning and Jacob W. Moore, for the purpose of securing an indebtedness of $20,000, with interest, to the plaintiff, for which they had executed their bond to him, bearing date the 4th day of August, 1868, also executed and delivered to him, at the same" time, a mortgage on certain lots of ground in the city of Hew York, with the buildings thereon erected, in process of erection and to be erected, particularly described by metes and…
2Cases cited5 opinions
- Robinson v. . RyanNew York Court of Appeals · 1862
- Rockwell v. . MerwinNew York Court of Appeals · 1871
- Swarthout v. . CurtisNew York Court of Appeals · 1850
- Tompkins v. . HyattNew York Court of Appeals · 1859
- Jarvis v. SewallNew York Supreme Court · 1863
3Cited by5 opinions
- People v. . FlackNew York Court of Appeals · 1915
- People Ex Rel. Grissler v. . DudleyNew York Court of Appeals · 1874
- In re the Estate of ParsonsNew York Surrogate's Court · 1932
- Ray v. New York Bay Extension RailroadNew York Court of Appeals · 1898
- People Ex Rel. Hummel v. . ReardonNew York Court of Appeals · 1906