Sheafer v. Joseph Breen, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Huntington v. AttrillSupreme Court of the United States · 1892
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Carlock v. Westchester Lighting Co.New York Court of Appeals · 1935
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3Cited by6 opinions
- New York City Housing Authority v. MedlinCivil Court of the City of New York · 1968
- Brody v. Save Way Northern Boulevard, Inc.New York Supreme Court · 1962
- I. Kalfus Co. v. Ad Press, Ltd.Appellate Terms of the Supreme Court of New York · 1945
- Ayala v. Jamaica Savings BankNew York Supreme Court · 1983
- Town of Porter v. Chem-Trol Pollution Services, Inc.New York Supreme Court · 1977
1 more not listed; retrieve them via the Exa API.