Guggenheimer v. Sayre
New York Supreme Court
Appeal from special term. Action by Bandolph Guggenheimer against Edward Sayre, impleaded with others. From an order directing a resale of certain premises, defendants appeal.
1Opinion of the CourtBrady, J.
This action was commenced for the foreclosure of a mortgage upon which upwards of $36,000 was due. The property consisted of five buildings, on which there were two prior mortgages aggregating $29,500, each of which covered the entire property, and was a purchase-money mortgage. Both of them are controlled by the plaintiffs. The mortgagees therein were not made parties to this action. The referee, upon the sale, read printed terms in the ordinary form. They contained in relation to incumbrances only the following, viz.: “All taxes, assessments, and other incumbrances upon said premises will…
2Cases cited5 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Hale v. . ClausonNew York Court of Appeals · 1875
- Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
- Dows v. . CongdonNew York Court of Appeals · 1863
- Bache v. . DoscherNew York Court of Appeals · 1876