National Savings Bank v. Slade
New York Supreme Court
Action by the National Savings Bank of the City of Albany' against William S. Slade and another to foreclose a mortgage. Motion by defendants to compel plaintiff to accept a bond executed by them pursuant to Code Civ. Proc. § 1331, cl. 1, as sufficient to stay execution on the judgment of foreclosure rendered in the action.
1Opinion of the CourtTitus, J.
The plaintiff foreclosed a mortgage on property of the defendant, and obtained the usual judgment of foreclosure and sale. The defendant interposed a defense. He then took an appeal from the judgment to the appellate division. In order to stay proceedings, he applied to the special term. The court ordered a stay on his giving an undertaking in the sum of $7,500.. He gave an undertaking under the first clause of section 1331 of the Code,1 providing that the defendant would not, while in possession of the property, commit or suffer to be committed any waste thereon; and that, if the judgment is…
2Cases cited1 opinion
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Midwood Park Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1911
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1898
- National Sav. Bank v. SladeAppellate Division of the Supreme Court of the State of New York · 1897