Legal Opinion

De Bevoise v. Maple Avenue Construction Co.

New York Court of Appeals

Decided April 20, 1920PublishedCited by 15 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1918, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 4, 1918, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs as the owners of a mortgage upon the premises made prior to the execution of the conditional bill of sale herein, were bound by its conditions. (Bernheimer v. Adams, 175 N. Y. 472; Duffus v. Howard Furnace Co., 8 App. Div. 567; Fitzgibbons Boiler Co. v.…

1Opinion of the CourtHogan, J.

This action was brought to foreclose a mortgage dated November 13th, 1915, made by the defendant Maple Avenue Construction Company to secure the payment to plaintiffs of the sum of seven thousand dollars. The mortgaged premises were located in the borough of Queens at the southeasterly corner of Pansy street at its junction with Cooper avenue, and consisted of a plat of land running from Cooper avenue northerly on the easterly side of Pansy avenue about one hundred ninety-eight feet, and thence easterly one hundred feet, then back to Cooper avenue, the remote easterly line being a little…

2Cases cited12 opinions

  1. Ford v. . CobbNew York Court of Appeals · 1859
  2. Tifft v. . HortonNew York Court of Appeals · 1873
  3. Ward v. . KilpatrickNew York Court of Appeals · 1881
  4. Davis v. . BlissNew York Court of Appeals · 1907
  5. McKeage v. . Hanover Fire Insurance Co.New York Court of Appeals · 1880

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3Cited by15 opinions

  1. Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
  2. Wiggin Terminals, Inc. v. United StatesCourt of Appeals for the First Circuit · 1929
  3. People's Savings & Trust Co. v. Sheboygan Machine Co.Wisconsin Supreme Court · 1933
  4. East New York Electric Co. v. Petmaland Realty Co.New York Court of Appeals · 1926
  5. Harvard Financial Corp. v. Greenblatt Construction Co.New York Court of Appeals · 1933

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