Weis v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Levy, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of January, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, directing a sale of the premises described in the complaint in the above-entitled foreclosure action.
1Opinion of the Court
Hatch, J.:
This action was brought to foreclose a second mortgage upon real estate upon which $1,000 was due. The mortgage was given by Anna Baconby to Moritz Bauer. Bauer assigned the same to Aaron *498and Elise Schoenfeld on November 3, 1902, and it purported to be an absolute assignment of the entire interest in the mortgage. It. Was in fact, however, subject to an assignment of a $500 interest, in said mortgage made to Elsie Fuchs. The last assignment was made prior to the assignment to Schoenfeld, but was not evidenced in writing until September 9, 1903, when a formal assignment of the same…
2Cases cited4 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Morris v. . TuthillNew York Court of Appeals · 1878
- McGiven v. WheelockNew York Supreme Court · 1849
- Lynch v. . PfeifferNew York Court of Appeals · 1888
3Cited by10 opinions
- Hoppe v. Russo-Asiatic BankAppellate Division of the Supreme Court of the State of New York · 1922
- Clark v. RowellNew York County Court, Delaware County · 1937
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936
- In re the Accounting of NochomovNew York Surrogate's Court · 1954
- Thorburn v. WendeAppellate Division of the Supreme Court of the State of New York · 1932
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