Legal Opinion

Wellbrock v. Haas

Appellate Terms of the Supreme Court of New York

Decided December 15, 1921Published

Defendant appeals from a judgment rendered in the Municipal Court of the city of New York, borough of Queens, third district, for fifty dollars in favor of the plaintiff.

1Opinion of the CourtKelby, J.

The case was submitted upon the following agreed facts: The plaintiff Wellbrock was the owner in fee of certain premises, at Glendale, L. I., and the defendant was the owner of a mortgage thereon. In 1910, the then owner of the premises made a mortgage to one Henry Hohsfeld, and wife, to secure the payment of $2,500. December 7, 1912, the said bond and mortgage were assigned to the defendant John Haas, and for some reason or other the original bond and mortgage were not delivered to Haas, and were thereafter accidentally destroyed. On October 3, 1916, the defendant Haas released all the…

2Cases cited3 opinions

  1. Krulder v. HillmanNew York Supreme Court · 1907
  2. In re BlackAppellate Division of the Supreme Court of the State of New York · 1912
  3. In re LeckieAppellate Division of the Supreme Court of the State of New York · 1909

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