Little v. Kirby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Kirby from so much of a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 22d day of May, 1914, in an action to foreclose a second mortgage, as adjudged that the said defendant pay such deficiency as may arise from the sale of the premises ordered by said judgment to be sold.
1Dissent
Clarke, J. (dissenting):
The action was brought to foreclose a second mortgage for $9,000 executed Hovember 18, 1907, on premises 116 West Seventy-sixth street, Hew York city, and given to secure a bond in like amount due October 1,1910. The premises in question originally belonged to plaintiff and were transferred by her to defendant Kirby Hovember 18, 1907, subject to a first mortgage which had been made by plaintiff on the same day in the sum of $20,000. On Hovember 22, 1907, defendant Kirby conveyed the premises to Dr. Grandin, for whom he was acting in taking the title, subject to the two…
2Cases cited5 opinions
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
- Walsh v. BailieNew York Supreme Court · 1813
- Bayard v. MalcolmNew York Supreme Court · 1807
- Commissioners of Berks County v. RossSupreme Court of Pennsylvania · 1811
- New York Life Insurance v. CaseyAppellate Division of the Supreme Court of the State of New York · 1903