Levy v. . Louvre Realty Co.
New York Court of Appeals
Appeal from a judgment, entered March 23, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant, appellant, entered upon a decision of the court on trial at Special Term, and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered March 23, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of defendant, appellant, entered upon a decision of the court on trial at Special Term, and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. Since the judgment of reversal does not specify any question of fact upon which the reversal was made, it must be conclusively presumed that the judgment was not reversed upon a question of fact. (Code…
1Opinion of the CourtCardozo, J.
On January 31, 1910, the Louvre Realty Company made its mortgage to the Sherwood Construction Company to secure the payment of $17,000. The money was in fact supplied by the defendant Kellner and by one Hayman, now dead. Whatever the form of the security may have been, the beneficial ownership was theirs. In September, 1910, Hayman used this mortgage to procure from the plaintiff a loan of $5,000. In the name of the Sherwood Construction Company, he made an assignment of the mortgage, and gave it to the plaintiff as collateral. He received in return the plaintiff’s check to the order of the…
2Cases cited21 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Clift v. . MosesNew York Court of Appeals · 1889
- Drury v. FosterSupreme Court of the United States · 1865
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Scollans v. RollinsMassachusetts Supreme Judicial Court · 1901
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3Cited by14 opinions
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- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1918
- In Re SneijderUnited States Bankruptcy Court, S.D. New York · 2009
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Harris v. MorseDistrict Court, S.D. New York · 1931
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