Legal Opinion

Sheafer v. Joseph Breen, Inc.

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

Decided December 12, 1941PublishedCited by 6 opinions

1Opinion of the CourtCallahan, J.

The present appeal involves the question of the legal sufficiency of the complaint. The action is one brought by a mortgagee against two defendants, neither of whom was a party to the mortgage contract.

The corporate defendant was a firm which had contracted with the owner of the mortgaged land to excavate a large quantity of earth therefrom. The individual defendant was an officer of the corporate defendant.

The action is one in the nature of a suit in trespass to recover for waste of plaintiff’s mortgage security.

Plaintiff contends that his pleading sets forth a cause of action based on…

2Cases cited8 opinions

  1. Huntington v. AttrillSupreme Court of the United States · 1892
  2. City of Rochester v. . CampbellNew York Court of Appeals · 1890
  3. Amberg v. . KinleyNew York Court of Appeals · 1915
  4. Van Pelt v. . McGrawNew York Court of Appeals · 1850
  5. Carlock v. Westchester Lighting Co.New York Court of Appeals · 1935

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3Cited by6 opinions

  1. New York City Housing Authority v. MedlinCivil Court of the City of New York · 1968
  2. Brody v. Save Way Northern Boulevard, Inc.New York Supreme Court · 1962
  3. I. Kalfus Co. v. Ad Press, Ltd.Appellate Terms of the Supreme Court of New York · 1945
  4. Ayala v. Jamaica Savings BankNew York Supreme Court · 1983
  5. Town of Porter v. Chem-Trol Pollution Services, Inc.New York Supreme Court · 1977

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

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