Legal Opinion
Syracuse Savings Bank v. Onondaga Silk Co.
New York Supreme Court
Decided August 21, 1939PublishedCited by 13 opinions
1Opinion of the CourtKimball, J.
The defendant has moved for a dismissal of the complaint under rule 106 of the Rules of Civil Practice. The grounds stated are that the court has no jurisdiction and that the complaint does not state facts sufficient to constitute a cause of action.
The plaintiff is the holder of certain mortgages which are liens upon real property owned by the defendant. The mortgages were given by the defendant’s predecessors in title and were assumed by the defendant. They are past due and have not been paid although demand for payment has been made. The defendant has not defaulted in payment of the…
2Cases cited8 opinions
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- E. H. Ogden Lumber Co. v. BusseAppellate Division of the Supreme Court of the State of New York · 1904
- Cottle v. WrightNew York Supreme Court · 1931
- Ferraro v. Marrillard Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Morgan v. WatersAppellate Division of the Supreme Court of the State of New York · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1994
- In Re Application of BusseAppellate Court of Illinois · 1984
- Hutchings v. SternbergAppellate Court of Illinois · 1984
- Brayton v. PappasAppellate Division of the Supreme Court of the State of New York · 1976
- Genesco Inc. v. Monumental Life Insurance Co.District Court, D. South Carolina · 1983
8 more not listed; retrieve them via the Exa API.