Ebling Brewing Co. v. Gennaro
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Ebling Brewing Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of November, 1917, upon the decision of the court "after a trial at the Westchester Special Term dismissing the complaint against the defendant Isabella Dennison.
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Appeal by the plaintiff, The Ebling Brewing Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of November, 1917, upon the decision of the court "after a trial at the Westchester Special Term dismissing the complaint against the defendant Isabella Dennison. This action was to foreclose a mortgage for $1,500 given by Eugenia Gennaro to the plaintiff on the 15th of January, 1912, and recorded on the nineteenth of January in that year. On the 14th of July, 1911, Robert Dennison and his wife…
1Dissent
Putnam, J. (dissenting):
This situation arises from a mortgage loan to Mrs. Gennaro (wife of a retailer of plaintiff’s beer in casks and kegs), made by the plaintiff brewing company on January 15, 1912. She had no record title. That still remained in the Dennisons. Mrs. Gennaro had no possession of the property. But at this time there was an unrecorded deed to her from her husband, contained in his desk, dated July 14, 1911, purporting to be in consideration of one dollar, which recited an incumbrance by mortgage to secure $1,000, which the party of the second part assumed and agreed to pay.
In…
2Cases cited3 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Moore v. Le MaireAppellate Division of the Supreme Court of the State of New York · 1915