Washington Trust Co. v. Morse Iron Works & Dry Dock Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 12, 1905, which affirmed a judgment of Special Term décreeing the foreclosure of a mortgage and a sale of the mortgaged premises. Also appeal, by permission, from an order of said Appellate Division, entered July 24, 1906, which reversed an order of Special Term in so far as it stayed a sale under the judgment of foreclosure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 12, 1905, which affirmed a judgment of Special Term décreeing the foreclosure of a mortgage and a sale of the mortgaged premises. Also appeal, by permission, from an order of said Appellate Division, entered July 24, 1906, which reversed an order of Special Term in so far as it stayed a sale under the judgment of foreclosure. The following question was certified : “ Whether, on the facts shown by the record herein and upon the opinion of the Appellate Division herein affirming…
1Opinion of the CourtHaight, J.
The defendant, the Morse Iron Works and Dry Dock Company; hereinafter called the Morse Iron Works Company, executed and delivered a mortgage on all of its property and appurtenances then possessed and to be thereafter acquired to the plaintiff, as trustee, to secure the payment of its bonds, amounting in the aggregate to $450,000. The mortgage covered a certain piece of real estate therein described, with water rights and dry dock connected therewith., Subsequently the Morse Iron Works Company entered into' a contract with the Prindle Engineering Company, hereinafter called the Prindle…
2Cited by4 opinions
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Breakstone v. Buffalo Foundry & Machine Co.New York Supreme Court · 1913
- In re Downtown Athletic Club of New York City, Inc.District Court, S.D. New York · 1936
- Meisel Tire Co. v. FishmanCity of New York Municipal Court · 1937