Legal Opinion

Clason's Point Land Co. v. Schwartz

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 1933PublishedCited by 11 opinions

1Opinion of the CourtSherman, J.

In this foreclosure suit the question has arisen as to whether or not the lien of the mortgage held by plaintiff should *742be decreed to attach to the entire tract of real estate described in the complaint or whether respondent is entitled to have eliminated therefrom a portion of the premises by virtue of payments claimed to have been made under the release clause in the mortgage.

Respondent Schwartz purchased the- property subject to plaintiff’s mortgage, and continued to be the owner on June 1, 1929, the date of maturity of the mortgage. The mortgage was in the sum of $38,000. After maturity…

2Cases cited7 opinions

  1. Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
  2. Tuthill v. . MorrisNew York Court of Appeals · 1880
  3. Werner v. . TuchNew York Court of Appeals · 1891
  4. Fulton v. JonesAppellate Division of the Supreme Court of the State of New York · 1915
  5. Ryan v. RizzoSupreme Court of Connecticut · 1932

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Leisure Campground & Country Club Ltd. Partnership v. Leisure EstatesCourt of Appeals of Maryland · 1977
  2. Saunders v. SharpCourt of Appeals of Utah · 1992
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
  4. In re Penn Central Transportation Co.Court of Appeals for the Third Circuit · 1972
  5. City Bank Farmers Trust Co. v. HeckmannNew York Supreme Court · 1937

6 more not listed; retrieve them via the Exa API.

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