Schenectady Savings Bank v. Ashton
New York Supreme Court
Motion by defendant Schenectady Holding Company, Inc., for an order directing the assignment to it of the mortgage being foreclosed herein, and for a discontinuance of the foreclosure action.
1Opinion of the CourtAngell, J.
This action was instituted for the foreclosure of a mortgage given December 10, 1920, due January 1, 1922, to plaintiff by defendants Edgar T. Brackett and Emma Corliss Brackett, his wife. The mortgage covers the Mohawk Hotel property in the city of Schenectady, which at the time the mortgage was given was owned by defendant Brackett but which subsequently, and on September 1, 1922, was conveyed by him to defendant Ashton, who assumed and agreed to pay the mortgage in question and the *270bond accompanying it. After the mortgage was executed and on October 27,1921, defendant Brackett leased the…
2Cases cited8 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Averill v. . TaylorNew York Court of Appeals · 1853
- Cleveland v. RothwellAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- Hakala v. SchaickCity of New York Municipal Court · 1939