President & Directors of the Manhattan Co. v. Mosler Safe Co.

In an action to recover damages for waste committed by the defendant upon premises covered by plaintiff’s mortgage, order and judgment dismissing the complaint on the ground that it failed to state a cause of action reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to the defendant to answer the complaint in twenty days after the entry of the order upon this decision. In our opinion, an action may be maintained by plaintiff, as mortgagee of the premises in question, for waste committed by the defendant by which the mortgage…