Brainerd v. White
The Superior Court of New York City
Appeal from an order granted by the special term of the superior court of the city of New York, denying a motion to cancel a notice of li.s pendens. This action was brought by Eras tus Brainerd, indorsee of a promissory note, against its maker, Martha White, a married woman, who, by the terms of the note, expressly charged her separate estate with its payment.
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Appeal from an order granted by the special term of the superior court of the city of New York, denying a motion to cancel a notice of li.s pendens. This action was brought by Eras tus Brainerd, indorsee of a promissory note, against its maker, Martha White, a married woman, who, by the terms of the note, expressly charged her separate estate with its payment. It was drawn payable to the order of Bichard A. Manifold, who had rendered services at her special request, and for the benefit of her separate estate ; and he was joined as a co-defendant herein. The complaint set forth that Manifold,…
1Opinion of the CourtSedgwick, J.
I am of opinion that the court properly denied the motion to cancel the notice of Us pen-dens. It is not necessary to assert that in no case would the court have power to cancel a notice of Us pendens before, a settlement, discontinuance or abatement of the action. It is enough if it had not the power in a case of this kind.
The complaint claims that, by reason of the facts therein stated, the plaintiff is entitled to a judgment that the real estate of the defendant White be charged with the payment of the promissory note alleged to have been made by her. It is not material to determine now…
2Cited by4 opinions
- M. Lindheim & Co. v. Central National Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Shandley v. LevineNew York Supreme Court · 1904
- Bowery Savings Bank v. WardNew York Supreme Court · 1919
- McCrum v. Lex Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906