Clark v. Vilas National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary T. Clark, the plaintiff in each of the above-entitled actions, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 20th day of October, 1897, staying proceedings in each of the above-entitled actions.
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Appeal by Mary T. Clark, the plaintiff in each of the above-entitled actions, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 20th day of October, 1897, staying proceedings in each of the above-entitled actions. These actions were brought by the plaintiff for the foreclosure of two mortgages held by her on lands in the city of Albany, owned by the members of the firm of Rewton & Co. The Vilas Rational Bank was made a party defendant in each of the actions as a subsequent judgment creditor, and served…
1Opinion of the Court
Putnam, J.:
The interest of the respondent in the mortgaged premises, or in the personal property of Newton & Co., cannot be affected by these actions until the plaintiff obtains judgment therein. If any of the defenses interposed are valid, the Vilas National Bank does not require any stay of proceedings, because on a trial it will prevent the obtaining of a judgment by the plaintiff. If none of the defenses are valid, and the plaintiff in fact is entitled to a judgment ; if she, as the owner of the bonds and mortgages described in the complaint, has valid and legal claims against the…
2Cases cited3 opinions
- Pond v. . HarwoodNew York Court of Appeals · 1893
- People v. Northern RailroadNew York Supreme Court · 1869
- Elliott v. SmithNew York Supreme Court · 1894
3Cited by5 opinions
- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
- Jenkins v. BakerAppellate Division of the Supreme Court of the State of New York · 1904
- Bicalky Fan Co. v. Mosier & Summers, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Clark v. Vilas National BankNew York Supreme Court · 1898