Manne v. Carlson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles O. Carlson, from an interlocutory 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* 1st day of December, 1899, upon the decision of the court rendered, after a trial at the New York Special Term, and also from an order-entered in said clerk’s office on the 16th day of November, 1899,. overruling his demurrer to the plaintiff’s complaint and directing; the entry of…
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Appeal by the defendant, Charles O. Carlson, from an interlocutory 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* 1st day of December, 1899, upon the decision of the court rendered, after a trial at the New York Special Term, and also from an order-entered in said clerk’s office on the 16th day of November, 1899,. overruling his demurrer to the plaintiff’s complaint and directing; the entry of judgment thereon.
1Opinion of the Court
Ingraham, J.:
The action was brought to foreclose a mortgage to secure the payment of a bond executed and delivered by one Niels Toelberg to Elias Kempner. The complaint alleged that before the commencement of this action, and on or about October 5, 1899, the said mortgage was duly assigned by the said Elias Kempner to the plaintiff herein by an instrument in writing, duly recorded in the office of the clerk of the city and county of New York. There is no allegation that the bond, to secure which the mortgage was given, was assigned or transferred to the plaintiff. This appellant, one of the…
2Cases cited2 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Youngs v. . KentNew York Court of Appeals · 1871
3Cited by9 opinions
- Kluge v. FugazyAppellate Division of the Supreme Court of the State of New York · 1988
- Dancel v. Goodyear Shoe Machinery Co. of Portland, MainAppellate Division of the Supreme Court of the State of New York · 1902
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904
- Jackson v. American Cigar Box Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Dancel v. Goodyear Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1902
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