Legal Opinion

Continental Bank & Trust Co. v. Tanager Construction Corp.

New York Supreme Court

Decided November 17, 1948PublishedCited by 3 opinions

1Opinion of the CourtHofstadter, J.

Motion by plaintiff for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice in an action for a declaratory judgment. The complaint alleges "the following facts.

On January 16, 1930, the defendant executed and delivered to Straus National Bank & Trust Company of New York, as trustee, a first mortgage on a leasehold affecting premises in the borough of Manhattan, New York City, known as 1400 Broadway. The said mortgage secured the payment of $3,700,000 then due and owing by the defendant to S. W. Straus & Co. Thereby principal was payable January 1, 1948, *247or sooner at…

2Cases cited7 opinions

  1. Hulbert v. . ClarkNew York Court of Appeals · 1891
  2. House v. . CarrNew York Court of Appeals · 1906
  3. Newburger v. American Surety Co.New York Court of Appeals · 1926
  4. Harvey v. Guaranty Trust Co.New York Supreme Court · 1929
  5. People v. FreemanAppellate Division of the Supreme Court of the State of New York · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Garden City Country Club, Inc. v. AldworthNew York Supreme Court · 1959
  2. Continental Bank & Trust Co. v. Tanager Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1950
  3. Sorrentino v. MierzwaAppellate Division of the Supreme Court of the State of New York · 1968

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