Lowenfeld v. Wimple
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Piricns Lowenfeld and another, from portions of a judgment of the Supreme Court in favor of the defendant Empire City Woodworking Company, entered in the office of the clerk of the county of Lew York on the 12th day of July, 1909, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Scott, J. :
This is an action for the foreclosure of a mortgage, and the plaintiffs appeal from so.much of the judgment as provides that the amount due to the defendant Empire. City Woodworking Company be paid before any part of plaintiffs’ claim (except costs) is paid. The question raised by the appeal relates to the construction' and effect to be given to what is termed a participation agreement whereby the plaintiffs and the woodworking company became the owners in severalty of a certain bond and mortgage for $7,870, executed 1to plaintiffs by one Maria Wimpie. This agreement was dated…
2Cases cited1 opinion
- Pennsylvania Steel Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1908
3Cited by15 opinions
- 100 Eighth Ave. Corp. v. MorgensternNew York Supreme Court · 1956
- Thomas v. . ZahkaNew York Court of Appeals · 1920
- Clare v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Thomas v. ZahkaNew York Supreme Court · 1917
- In re Prudence Co.Court of Appeals for the Second Circuit · 1937
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