Legal Opinion

The First National Bank & Trust Co. of Walton v. Eisenrod

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

Decided January 7, 1942PublishedCited by 11 opinions

1Opinion of the CourtFoster, J.

Plaintiff has a summary judgment upon a bond which was executed and delivered to plaintiff by the defendant on January 15, 1940, together with a mortgage on real property as collateral security for the payment thereof. All of the covenants and agreements contained in the mortgage were made by reference a part of the bond. The action by plaintiff was brought upon *228the bond alone for failure to pay principal and interest as provided therein and for failure to pay taxes on the property covered by the mortgage and to keep such property insured.

Defendant set up two defenses: First, that after the…

2Cases cited10 opinions

  1. General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
  2. Calvo v. . DaviesNew York Court of Appeals · 1878
  3. Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
  4. General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Elder v. RouseNew York Supreme Court · 1836

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

3Cited by11 opinions

  1. Westnau Land Corp. v. U.S. Small Business Administration, as an Agency of the United States of AmericaCourt of Appeals for the Second Circuit · 1993
  2. Gizzi v. HallAppellate Division of the Supreme Court of the State of New York · 2003
  3. Cracco v. CoxAppellate Division of the Supreme Court of the State of New York · 1979
  4. Boyd v. JarvisAppellate Division of the Supreme Court of the State of New York · 1980
  5. Levy v. JonesAppellate Division of the Supreme Court of the State of New York · 1945

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

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