Loewenthal v. Haines
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Loewenthal, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2tth day of January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1913, denying the plaintiff’s motion for a new trial.
1Dissent
Laughlin, J. (dissenting):
This is an action to recover the sum of $10,000, and it is based on an agreement contained in a mortgage on real estate made by the defendant on the 24th day of September, 1909. The indenture recites that one Franklin Haines and the Haines Realty Corporation were indebted to the plaintiff in the sum of $25,000, as specified in an extension agreement bearing even date therewith, and that the consideration for defendant’s agreement was the making of the extension agreement. It contains the proviso that if either of said debtors should pay *506the indebtedness as provided…
2Cases cited11 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Jackson v. . AndrewsNew York Court of Appeals · 1874
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