Knapp v. Van Etten
New York Supreme Court
On exceptions from circuit .court, Yew York county. Action by Shepherd F. Knapp, receiver of Bowling Green Savings Bank, against James Van Etten and another, sureties, to recover the residue of a mortgage indebtedness after foreclosure and sale of mortgaged premises.
1Opinion of the CourtDaniels, J.
The action was brought upon an undertaking executed by the defendants upon an appeal taken to the general term from a judgment in an aciion for the foreclosure of a mortgage and the sale of the mortgaged premises. The judgment was affirmed; and after the sale had taken'place, and the application of the proceeds to the payment of the expenses, and so much of the residue as remained to the payment of the mortgage debt, there remained a deficiency of $27,193.08. This deficiency, with interest upon it, the plaintiff claimed to recover against the sureties in the undertaking, in addition to the…
2Cases cited6 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Wood v. . FiskNew York Court of Appeals · 1875
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Post v. . DoremusNew York Court of Appeals · 1875
- Gerould v. . WilsonNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- G. M. C. Process Corp. v. United States Fidelity & Guaranty Co.New York Supreme Court · 1961