Legal Opinion
Clare v. New York Life Insurance
New York Supreme Court
Decided June 15, 1917PublishedCited by 3 opinions
Action to foreclose a mortgage. Demurrer to complaint.
1Opinion of the CourtOrdway, J.
This is an action for the foreclosure of a mortgage, brought by a junior participant in the mortgage against the senior participant and the other usual parties to such an action. The defendant New York Life Insurance Company, which is the senior participant in the mortgage, and the defendants Bon*309hag, who are the owners of the equity, demur to the complaint on three grounds. First, that the plaintiff has not legal capacity to sue, in that legal and equitable title to the mortgage sought to be foreclosed is vested in the New York Life Insurance Company, and plaintiff’s only interest in said…
2Cases cited7 opinions
- Batchelder v. Council Grove Water Co.New York Court of Appeals · 1892
- Ettlinger v. Persian Rug & Carpet Co.New York Court of Appeals · 1894
- O'Beirne v. . Allegheny Kinzua R.R. Co.New York Court of Appeals · 1897
- Lowenfeld v. WimpleAppellate Division of the Supreme Court of the State of New York · 1910
- Lowenfeld v. . WimpieNew York Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clare v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Great Neck Improvement Corp. v. Shoreward Realty Corp.New York Supreme Court · 1932
- Beaumel, Inc. v. F. B. & W. Realty Corp.New York Supreme Court · 1934