Midwood Park Co. v. Baker
New York Supreme Court
Action by the Midwood Park Company against Bertha G. McLaughlin Baker, impleaded with the Kouwenhoven Realty & Improvement Company and others. Judgment for plaintiff, and certain bonds and mortgage security held invalid.
1Opinion of the CourtKelly, J.
In this case I reach the following conclusions: The plaintiffs mortgage for $356,941.98 is valid and binding, and the plaintiff is entitled to a decree of foreclosure and sale. The mortgage *955for $1,940, covering McLaughlin’s commissions, is also valid and a lien upon the premises. The mortgage given to the Title Guarantee & Trust Company, as trustee, to secure the 202 bonds of $1,000 each, I am compelled to hold void and invalid as against the owner of the property, as representing secret illegal profits sought to be obtained by Messrs. McLaughlin and Herd from the corporation and its…
2Cases cited14 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Bush v. . LathropNew York Court of Appeals · 1860
- Greaves v. . GougeNew York Court of Appeals · 1877
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
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3Cited by2 opinions
- Hyde Park Terrace Co. v. Jackson Bros. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Home Trust Co. v. BauchensAppellate Division of the Supreme Court of the State of New York · 1912