Legal Opinion

Pullman v. . Alley

New York Court of Appeals

Decided September 23, 1873PublishedCited by 6 opinions

This was an action to foreclose a mortgage executed by defendant to James Eeill as security for her bond of $3,000. Prior to February, 1869, Robert A. Sinclair and wife owned the premises in fee, defendant having a mortgage thereon of $5,000. Eeill & Co. were carrying on a grocery store in Eew York. Eegotiations were then pending for the sale of their stock in trade, fixtures, and an interest in the lease of the pre. mises, to Sinclair.

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This was an action to foreclose a mortgage executed by defendant to James Eeill as security for her bond of $3,000. Prior to February, 1869, Robert A. Sinclair and wife owned the premises in fee, defendant having a mortgage thereon of $5,000. Eeill & Co. were carrying on a grocery store in Eew York. Eegotiations were then pending for the sale of their stock in trade, fixtures, and an interest in the lease of the pre. mises, to Sinclair. The latter agreed to give a mortgage upon the said premises for $3,000, which should he the first lien. To effect this Sinclair and wife conveyed the premises…

1Opinion of the Court

Grover, J.,

reads for reversal and new trial. All concur except Folger and Allen, JJ., not voting. Church, Ch. J., concurring in result.

Judgment reversed.

2Cited by6 opinions

  1. Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
  2. Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1924
  3. Friedman v. RichmanAppellate Division of the Supreme Court of the State of New York · 1925
  4. Hurd v. MoilesU.S. Circuit Court for the District of Western Michigan · 1886
  5. Ross v. TittertonNew York Supreme Court · 1875

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