Burr v. . Stenton
New York Court of Appeals
Appeal from the late General Term of the second judicial district, reversing an order of the Brooklyn Special Term, allowing exceptions to a report of referee as to surplus moneys on a foreclosure of a mortgage, and directing a certain portion thereof to be paid to the appellant, Bonghton, lessee of the premises.
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Appeal from the late General Term of the second judicial district, reversing an order of the Brooklyn Special Term, allowing exceptions to a report of referee as to surplus moneys on a foreclosure of a mortgage, and directing a certain portion thereof to be paid to the appellant, Bonghton, lessee of the premises. The plaintiff held a mortgage dated in 1856 upon Ho. 41 Wilson street, in the city of Brooklyn, to secure the sum of $1,800. He commenced a foreclosure of this in 1866, the present action, and proceeding to judgment the property was sold, and there was a surplus of $4,659.68. April…
1Opinion of the CourtGrover, J.
In Tone v. Brace (11 Paige, 566) it was held that section 140 (1 Revised Statutes, 130), providing that no covenant shall be applied in any conveyance of real estate, whether such conveyance contains special covenants or not, was not applicable to leases for years; that such leases were not conveyances of real estate within the meaning of that section. The same doctrine was held in Vernam v. Smith (15 N. Y., 328); and that in such leases, covenants for quiet enjoyment were implied. But this cannot aid the appellant in the present case, for the reason that the lease contains a covenant, that,…
2Cases cited3 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Vanderkarr v. VanderkarrNew York Supreme Court · 1814
- Tone v. BraceNew York Court of Chancery · 1845
3Cited by26 opinions
- Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Hartford Fire Insurance v. Federated Department Stores, Inc.District Court, S.D. New York · 1989
- Carl H. Neuman, Plaintiff-Appellee-Cross-Appellant v. Otis G. Pike, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1979
- Koeber v. SomersWisconsin Supreme Court · 1901
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