Bushwick Savings Bank v. Traum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie M. Steuerwald, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 29th day of January, 1898, modifying the report of a referee in surplus-money proceedings, and directing a distribution of the surplus moneys in this action.
1Opinion of the Court
Willard Bartlett, J.:
This suit was brought to foreclose a mortgage made to the Bush-wick Savings Bank in 1890. The appellant, Annie M. Steuerwald, is-the owner of a subsequent mortgage, made in 1893. The property was again mortgaged in 1895 to Henry Herrmann, whose execu- ■ tors are the respondents on the present appeal. In March, 1897, Annie M. Steuerwald commenced an action in the County Court of Kings county to foreclose her mortgage. The mortgagor interposed a defense in that suit, setting up usury, but the plaintiff therein prevailed, obtaining a judgment of foreclosure and sale on…
2Cases cited1 opinion
- Crocker v. . LewisNew York Court of Appeals · 1894
3Cited by3 opinions
- Velleman v. . RohrigNew York Court of Appeals · 1908
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1912
- Hookey v. GreensteinAppellate Division of the Supreme Court of the State of New York · 1907