Mulligan v. Bond & Mortgage Guarantee Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin C. Mulligan, as substituted trustee, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of July, 1919, denying the plaintiff’s motion for judgment on the pleadings and granting defendant’s motion for judgment on the pleadings and directing judgment in favor of the defendant dismissing the complaint.
1Opinion of the Court
Page, J.:
The plaintiff is the substituted trustee under the last will and testament of William John Barr, deceased. Among the assets of the estate in his hands are four certain bonds and mortgages, the payment of interest on which at one-half of one per cent less than the rate specified therein and the payment of the principal sum secured thereby, was guaranteed by the defendant to the plaintiff’s predecessor and all subsequent owners and holders of said bonds and mortgages by certain guarantee policies in which the owner and holder of the said bonds and mortgages agreed to permit the…
2Cases cited3 opinions
- Ward v. . PetrieNew York Court of Appeals · 1898
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Field v. ChronikAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by4 opinions
- Banning v. StateCourt of Appeals of Arkansas · 1987
- In re the Estate of JonesNew York Surrogate's Court · 1930
- In re the Estate of ShepardNew York Surrogate's Court · 1930
- In re the Estate of RobinsonNew York Surrogate's Court · 1935