Gutman v. Schreiber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis D. Livingston and another, 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 2d day of July, 1915, upon the decision of the court after a trial at the New York Special Term in an action to foreclose a mortgage on real property.
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Appeal by the defendants, Louis D. Livingston and another, 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 2d day of July, 1915, upon the decision of the court after a trial at the New York Special Term in an action to foreclose a mortgage on real property. Appellants give notice of an intention to bring up for review an order of a justice of the Supreme Court, entered in the office of the clerk of the county of New York on the 18th day of May, 1915.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mortgage on real estate. It was given September 6, 1906, by the defendant Schreiber to Charles Geiger and Solomon Braverman to secure the payment of $8,000 — $4,000 on the 1st of May, 1908, and the balance on the 1st of May, 1909. Geiger and Braverman assigned it to one Minnie Price, who, on the 20th of July, 1910 — the principal and interest having become due-- assigned it without recourse to one Krulewitch. The record title to the premises then stood in the name of Harris Youdelman, a dummy, the true owners being the appellants…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Clift v. . WhiteNew York Court of Appeals · 1855
- Ewell v. HubbardAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- In Re TaubCourt of Appeals for the Second Circuit · 1924
- Broad & Wall Corp. v. O'ConnorNew York Supreme Court · 1962
- Marra v. LeporeAppellate Division of the Supreme Court of the State of New York · 2000
- Roberts v. Park-Lexington Corp.New York Supreme Court · 1927