Corporate Investing Co. v. Gracehull Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Gracehull Realty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of February, 1913, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Jenks, P. J.:
The defendant corporation appeals from an interlocutory judgment that overrules its demurrer that this complaint, in *260an action to foreclose a mortgage upon realty in the sum of $25,000, does not state facts sufficient to constitute a cause of action. The complaint showed that the mortgage, with the bond, had been assigned by recorded instrument of assignment executed by the defendant Otis, mortgagee, to a title company, which in turn, by instrument of assignment, had transferred the obligations to the plaintiff, and that the plaintiff elected, in accord with certain provisions of…
2Cases cited6 opinions
- Cresco Realty Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Shaw v. WellmanNew York Supreme Court · 1891
- Marine Bank v. International BankWisconsin Supreme Court · 1859
- Brand v. SmithMichigan Supreme Court · 1894
- Christie v. HerrickNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kline v. 275 Madison Avenue Corp.New York Supreme Court · 1933
- Thomas v. ZahkaNew York Supreme Court · 1917
- Clare v. New York Life InsuranceNew York Supreme Court · 1917
- Dunlop v. Sweet Bros. Paper Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- In re the Estate of McIntyreNew York Surrogate's Court · 1932
2 more not listed; retrieve them via the Exa API.