Van Tuyl v. New York Real Estate Security Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Real Estate Security Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of- Westchester on the 29 th day of May, 1912, denying the said defendant’s motion for judgment on the pleadings and granting the plaintiff’s countermotion to amend the supplemental summons and amended complaint and amended notice of pendency of action.
1Opinion of the Court
Burr, J.:
We do not think that defendant is entitled to judgment on the pleadings. If we concede the rule that in the absence of statutory authority or allegation and proof of an assignment, one who is not a party to a sealed instrument cannot maintain an action to enforce the covenants thereof, in this case there is such statutory authority and it is sufficiently pleaded.
After alleging the giving of a bond by defendant to the Carnegie Trust Company, secured by a mortgage upon its property, the complaint further alleges: “That on the 7th day of January, 1911, Orion H. Cheney, at that time…
2Cases cited13 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- Town of Pierrepont v. . LovelessNew York Court of Appeals · 1878
- Viburt v. FrostThe Superior Court of New York City · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Covino v. Alside Aluminum Supply Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Wells v. MerrillAppellate Division of the Supreme Court of the State of New York · 1923
- Morrissey v. SheedyAppellate Division of the Supreme Court of the State of New York · 1966
- Reed v. ReedNew York Supreme Court · 1919
8 more not listed; retrieve them via the Exa API.