Goldman v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Cohen and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bronx on the 4th day of January, 1915, upon the decision of the court after a trial at the Bronx Special Term. The judgment adjudicated a lien upon premises described in the complaint and appointed a referee to ascertain the amount of plaintiff’s interest in and lien upon such premises.
1Opinion of the Court
Hotchkiss, J.:
On and prior to December 29, 1911, plaintiff was the owner of the fee of the premises in question. He subsequently sold to an improvement company and took back a purchase-money mortgage for $12,000 subject to two prior mortgages amounting to $11,500. He also agreed to make the company a building loan of upwards of $35,000. Having insufficient moneys to make the loan, he procured defendant Max Cohen to agree to make it, and plaintiff assigned to Jenny Freeman, Cohen’s nominee, the building loan mortgage and agreement, at the same time guaranteeing payment of this mortgage. He…
2Cases cited4 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Hopkins v. . EnsignNew York Court of Appeals · 1890
- Congregation Kehal Adath Jeshurun M'Yassy v. Universal Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Cavallaro v. LewisNew York Supreme Court · 1950
- Kyner v. BoltonAppellate Division of the Supreme Court of the State of New York · 1916