Metropolitan Trust Co. v. Dolgeville Electric Light & Power Co.
New York Supreme Court
This action is "brought "by plaintiff to foreclose a mortgage executed to it on or about May 1, 1897, by said Dolgeville Electric Light & Power Company to secure a series of bonds aggregating par value $50,000, and which mortgage by its terms covered both real and personal property.
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This action is "brought "by plaintiff to foreclose a mortgage executed to it on or about May 1, 1897, by said Dolgeville Electric Light & Power Company to secure a series of bonds aggregating par value $50,000, and which mortgage by its terms covered both real and personal property. The defendant Augusta Anna Dolge has appeared and answered herein, setting up certain dower rights in the real estate covered by said mortgage, and asking to have the same adjudicated and adjusted in this action. The Commercial Bank is a judgment creditor of said mortgagor claiming a lien upon certain personal…
1Opinion of the CourtHiscock, J.
No objection is made to the appointment of a referee to compute the amount due upon the mortgage bonds and coupons set forth in the complaint and to ascertain and settle the alleged dower rights of the defendant Augusta Anna Dolge. The only opposition is by the defendant Commercial Bank to having the referee to be appointed herein, determine what property is covered by the said mortgage and whether the lien of said bank is subsequent and subordinate to that of plaintiff’s mortgage. The practical dispute between plaintiff and said defendant and which may be determined by a reference if ordered…
2Cases cited4 opinions
- Goebel v. . IfflaNew York Court of Appeals · 1888
- Frost v. . KoonNew York Court of Appeals · 1864
- Jacobie v. . MickleNew York Court of Appeals · 1894
- Dumond v. ChurchAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Smith v. Pure Strain Farms Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Clark v. FullerNew York Supreme Court · 1930