Brown v. Mechanics & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mechanics and Traders’ Bank, 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 15th day of December, 1898, upon the report of a referee.]
1Opinion of the Court
Ingraham, J.:
This action has been tried three times. On the first trial the defendant had a judgment which, on appeal to the General Term of the Supreme Court, was reversed and a new trial ordered. (12 N. Y. Supp. 861.) In the opinion on that appeal it is stated that “ This action has been brought to recover the amount of a deficiency remaining after the sale of mortgaged premises, upon the foreclosure of a mortgage executed by the testator to secure his bond. He was the president of the defendant, and the theory of the action is that he gave the bond and mortgage for the use and benefit of…
2Cases cited4 opinions
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Maloney v. . NelsonNew York Court of Appeals · 1894
- Brown v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1897
- Brown v. Mechanics' & Traders' National BankNew York Supreme Court · 1890
3Cited by6 opinions
- Sorensen v. the Overland CorporationDistrict Court, D. Delaware · 1956
- 755 Seventh Avenue Corp. v. CarrollNew York Court of Appeals · 1935
- Norris v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1909
- Stolts v. TuskaAppellate Division of the Supreme Court of the State of New York · 1903
- Van Schaick v. BurneyNew York Supreme Court · 1932
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