Legal Opinion

Preston v. Albee

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

Decided June 7, 1907PublishedCited by 4 opinions

Appeal by the. plaintiff, Charles M. Preston, -as receiver, etc,, from a judgment-of the Supreme Court in favor of the defendants Albee, entered in the office of thbyclerlc of the county of New York on the 18th -day of December, Í906, upon the report of a referee.

1Opinion of the Court

Clarke, J.:

This action was brought by the receiver of the New York Building-Loan Banking Company to foreclose a mortgage given to /the company by a borrowing- member thereof. The complaint presents a state of facts similar to that disclosed and discussed in the case of Preston v. Lamano (46 Misc. Rep. 304), where Mr. Justice Gaynoe laid down the rule, governing the disposition of cases growing out of the failure and dissolution of the New York Building-Loan' Banking Company in actions brought by the receiver to foreclose mortgages given by borrowing members of the company. . That case w-as…

2Cases cited6 opinions

  1. Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
  2. Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
  3. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  4. Mercantile Safe-Deposit Co. v. HuntingtonNew York Supreme Court · 1895
  5. Preston v. LamanoNew York Supreme Court · 1905

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

3Cited by4 opinions

  1. Preston v. AlbeeAppellate Division of the Supreme Court of the State of New York · 1909
  2. Preston v. ArthurAppellate Division of the Supreme Court of the State of New York · 1907
  3. Preston v. ArthurAppellate Division of the Supreme Court of the State of New York · 1907
  4. Preston v. ArthurAppellate Division of the Supreme Court of the State of New York · 1907

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