Legal Opinion · Dissent

In re Piza

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

Decided May 15, 1896Published

Appeal by David W. O’Neil from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of February, 1896, granting the petition of Joshua S. Piza, as administrator, etc., of Rachel S. Piza, deceased, to sue him upon a certain bond executed by him.

1DissentVan Brunt, P. J.

(dissenting) :

On the 4th of January, 1889, David W. O’Neil being the owner of certain premises in the city of New York, executed a bond containing the usual interest clause and a mortgage thereon to Joshua S. Piza, to secure the sum of $25,000. Thereafter said Joshua S. Piza assigned said bond and mortgage to one Rachel S. Piza. On the 9th of December, 1890, O’Neil conveyed the premises in question to one Abraham Steers, subject to the mortgage above mentioned. The said mortgage falling due on the 4th of January, 1892, Rachel S. Piza and the said Abraham Steers entered into an agreement…

2Cases cited2 opinions

  1. Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
  2. United States Life Insurance v. PoillonNew York Supreme Court · 1889

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