Easling v. Independent Brewing Co.
New York Supreme Court
Action by Andrew W. Easling and another against the Independent Brewing Company to enforce agreement relating to property sold on foreclosure. Judgment for plaintiffs.
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Action by Andrew W. Easling and another against the Independent Brewing Company to enforce agreement relating to property sold on foreclosure. Judgment for plaintiffs. On November 8, 1915, Annie L. Easling was the owner of three parcels of land: (1) One known as lots 21 and 22 of the Vanderbilt Improvement Company in East Rochester; (2) another known as lot 4 of the same tract; and (3) a third known as lots 47 and 48 on the corner of North Goodman and Norton streets in the city of Rochester. On November 8, 1915, plaintiffs gave a demand promissory note to the defendant for $1,483, and secured…
1Opinion of the CourtRodenbeck, J.
The plaintiffs claim to have made an agreement with defendant under which, after the defendant had obtained, by a •subsequent sale or exchange of the property after foreclosure sale, all that was due it, the remainder of the property covered by the mortgage ■should be returned to them. Mr. Easling testified that defendant’s representatives said:
“ ‘When we get our money out, or our security, the balance of this property belongs to you.’ * * * He said he would let me have the handling of this property, and get either money or security, or trade it, or any way like that. * * * ‘If this Gatz deal…
2Cases cited7 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Canda v. . TottenNew York Court of Appeals · 1898
- Newman v. . NellisNew York Court of Appeals · 1884
- Bork v. . MartinNew York Court of Appeals · 1892
- Greenly v. ShelmidineAppellate Division of the Supreme Court of the State of New York · 1903
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