Legal Opinion

Spies v. Lockwood

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1899PublishedCited by 6 opinions

: Appeal by the defendants, Edgar Lockwood, as trustee, and others, from a judgment of. the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Néw York on the 23d day of April, 1898, upon the report of a referee, and also' from an order made at the New York Special Term, and entered in said clerk’s office on the 20th day of April, 1898, granting the plaintiff an extra allowance of $200.

1Opinion of the Court

Rumsey, J.:

The second amended complaint in this action, upon which was joined the issue to he determined by the referee, alleged in substance that upon the 26th of October, 1893, the plaintiff signed two written instruments, one purporting to be a bond to Edgar Lock"wood, one of the defendants, as trustee, conditioned for the payment by her of $7,500, and the other a mortgage to secure the bond; that the mortgage was recorded in the office of the register of deeds and appeal’s to be a valid instrument, and creates a cloud on the title of certain premises in the city of New York owned by her.…

2Cited by6 opinions

  1. Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
  2. Pogor v. Cue Taxi Service, Inc.Civil Court of the City of New York · 1964
  3. Canham v. CanhamNew York Supreme Court · 1957
  4. Williamson v. Atlas Powder Co.Appellate Division of the Supreme Court of the State of New York · 1925
  5. Berkenstat v. OliverAppellate Division of the Supreme Court of the State of New York · 1949

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