Legal Opinion

Suarez v. De Montigny

New York Supreme Court

Decided April 15, 1895PublishedCited by 4 opinions

Action of foreclosure.

1Opinion of the CourtIngraham, J.

This action is brought to foreclose a mortgage made by the defendant Isabel De Montigny to Daniel Morison, trustee of the separate estate of Isabel von Linden. The question presented is whether or not the plaintiff ever became the owner of the mortgage.

At the time of the execution of the mortgage Morison was trustee under a marriage settlement of Isabel von Linden, made in contemplation of her marriage with Count von Linden of Germany. The marriage settlement was dated November 9, 1876, by which all of the property of the said Isabel von Linden (then Isabel Andrews) which she might have, or…

2Cases cited5 opinions

  1. Kirsch v. . TozierNew York Court of Appeals · 1894
  2. Smith v. BurgessMassachusetts Supreme Judicial Court · 1882
  3. Kissam v. . DierkesNew York Court of Appeals · 1872
  4. Barr v. CubbageSupreme Court of Missouri · 1873
  5. Griswold v. PerryNew York Supreme Court · 1872

3Cited by4 opinions

  1. Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
  2. McKenna v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  3. Federal Heating Co. v. City of BuffaloNew York Supreme Court · 1917
  4. First National Bank v. National Broadway BankAppellate Division of the Supreme Court of the State of New York · 1897

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