Twombly v. . Cassidy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, the substance of which is hereafter stated. This action was brought to foreclose a mortgage. Defendant Lott was the holder of a junior mortgage, and upon affidavits showing his interest, and an offer to pay the amount of plaintiff’s mortgage with costs, and a refusal thereof, moved before judgment for an order requiring plaintiff to assign his mortgage, etc.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, the substance of which is hereafter stated. This action was brought to foreclose a mortgage. Defendant Lott was the holder of a junior mortgage, and upon affidavits showing his interest, and an offer to pay the amount of plaintiff’s mortgage with costs, and a refusal thereof, moved before judgment for an order requiring plaintiff to assign his mortgage, etc. The order directed that upon the payment by Lott, or by such person as he should name, of the amount due on the mortgage? with costs, the said…
1Opinion of the CourtMiller, J.
The respondent Lott held a mortgage upon the same property covered by the mortgage of the plaintiff now in the process of foreclosure; and subsequent thereto, and for the purpose of protecting himself, he arranged to take up the mortgage of the plaintiff, and in writing offered to pay the amount due for principal, interest and costs, and requested an assignment of the same. The plaintiff declined to accept said offer, giving reasons, as appears from the affidavit of the defendant’s attorney, predicated entirely upon an intention, as expressed by him, of not discontinuing the action of…
2Cases cited7 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Marsh v. PikeNew York Court of Chancery · 1844
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Johnson v. . ZinkNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
- McGrath v. . Carnegie Trust Co.New York Court of Appeals · 1917
- Mahnk v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1931
- Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
- Dominion Financial Corp. v. 275 Washington Street Corp.New York Supreme Court · 1970
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