Thomas v. . Zahka
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1917, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1917, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The effect of the defendants’ transaction of March 20, 1915, was to satisfy the whole bond debt, discharge the whole mortgage, and make an accord and satisfaction between them and the makers thereof, and they thereby bound the plaintiff, their…
1Opinion of the CourtCrane, J.
Upon whom was the burden of proof to establish insolvency? This is the only question presented by this appeal.
The plaintiff owned a mortgage on real property situated in the county of Kings, state of New York, which was to secure a bond given for the sum of $3,500. The mortgage was a fifth lien on the property, the four prior mortgages amounting to the sum of $36,500. The property mortgaged was not worth more than the $36,000, so that this fifth mortgage was of little or no value. The bond accompanying the plaintiff’s mortgage was made and delivered to her by Daniel Gibbons, Regine Stern and…
2Cases cited9 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Griggs v. . DayNew York Court of Appeals · 1892
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Lowenfeld v. WimpleAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by9 opinions
- Cohen v. RossmooreAppellate Division of the Supreme Court of the State of New York · 1929
- Van Schaick v. AronNew York Supreme Court · 1938
- In re the Liquidation of New York Title & Mortgage Co.New York Supreme Court · 1936
- Spadaro v. Chenango County National Bank & Trust Co.New York Supreme Court · 1935
- Chase Nat. Bank of New York v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1935
4 more not listed; retrieve them via the Exa API.