Schwartz v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harris Schwartz, from a judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Hew York on the 1st day of March, 1910, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint as to such defendants.
1Opinion of the Court
Scott, J.:
This is an action to foreclose a mortgage upon real estate and incidentally to recover any deficiency that may arise upon a sale of *299the mortgaged premises from defendants Harry Phillips, Samuel Lipman, Morris Naftolowitz and Max Lipman, who are sought to be charged as sureties upon instruments of guaranty executed by them. The court awarded a judgment of foreclosure and sale, but dismissed the complaint as .to the above-named defendants. From so much of the judgment as so dismissed the complaint the plaintiff appeals. The mortgage was executed on December 28, 1904, by the defendant…
2Cases cited2 opinions
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Parmelee v. . ThompsonNew York Court of Appeals · 1871
3Cited by13 opinions
- State v. MillerNew Jersey Superior Court Appellate Division · 1960
- Shultis v. Woodstock Land Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
- 100 Eighth Ave. Corp. v. MorgensternNew York Supreme Court · 1956
- Jenkins v. StateNew Jersey Superior Court Appellate Division · 1959
- Lendway v. MuseNew Jersey Superior Court Appellate Division · 1964
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