E. H. Ogden Lumber Co. v. Busse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Am and Basse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1th day of May, 1903,-denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by the plaintiff as the holder of a bond and mortgage executed by one Wetterer, the then owner of certain property situate in the city of New York, to recover damages for an injury by the defendant to the mortgaged premises, whereby the plaintiff’s security was impaired. The complaint contained no allegations of the insolvency of the mortgagor, but alleged that the value of the plaintiff’s security was diminished by the acts of the defendant.
Upon the trial the plaintiff proved his mortgage; that an action was begun to foreclose the same, and the…
2Cases cited4 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Gardner v. HearttNew York Supreme Court · 1846
- Lane v. HitchcockNew York Supreme Court · 1817
3Cited by13 opinions
- Syracuse Savings Bank v. Onondaga Silk Co.New York Supreme Court · 1939
- In re The City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Band Realty Co. v. North Brewster, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Cottle v. WrightNew York Supreme Court · 1931
- Potter v. BierwirthAppellate Division of the Supreme Court of the State of New York · 1916
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