Hutzler v. Richter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julius Richter 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 Erie on the 13th day of Hay, 1896, upon the decision of the court rendered after a trial at the Erie Special Term directing a foreclosure and sale of certain premises described in the complaint.
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Appeal by the defendants, Julius Richter 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 Erie on the 13th day of Hay, 1896, upon the decision of the court rendered after a trial at the Erie Special Term directing a foreclosure and sale of certain premises described in the complaint. This action was brought by the plaintiff to foreclose a mortgage given by the defendants to secure the payment to him of the sum of §800, with interest thereon. An answer was interposed to the plaintiff’s complaint, and the issues…
1DissentGbeen, J.
The original agreement of the parties relating to the insurance upon the property is in writing and contained in the mortgage. It was provided, in and by this instrument, that the mortgagors should keep the buildings erected upon the lands described in the mortgage insured against loss by fire; that they should assign the policy to the mortgagee, his executors, administrators or assigns. This writing, upon inspection, appears to be a complete contract, embracing all the particulars necessary to make a perfect agreement and designed to express the whole arrangement between the parties…
2Cases cited6 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Wilson v. . DeenNew York Court of Appeals · 1878
- Lewis v. . SeaburyNew York Court of Appeals · 1878
- Gerard v. CowperthwaitNew York Court of Common Pleas · 1893
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