Clark v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Besse C. Clark, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county'of New York on the 23d day of November, 1908, dismissing the. complaint and granting the defendant’s motion fora judgment on the pleadings, and also from a judgment entered in said clerk’s office on the 27th day -of November, 1908, pursuant to said order.
1Opinion of the Court
McLaughlin, J.:
In her complaint the plaintiff alleges that on the 11th day of January, 1907, she executed and delivered to one Horowitz a bond under her hand and seal, conditioned to pay the s.um of $20,0,00 on the 1st of May, 1907, and as collateral security for the payment of such sum, with interest, at the time stated, she executed and deliy-' ered a mortgage upon the real estate described in the complaint; that the bond and mortgage were subsequently assigned to the defendant in this action, who commenced an action to foreclose the mortgage, which -resulted in a judgment of foreclosure…
2Cases cited3 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- Hotel Register Co. v. OsborneAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by35 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Grady v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Moen v. ThompsonNew York Supreme Court · 1946
- Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
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