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Wall v. Seventy Pierrepont Street Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1926
216 App. Div. 772 (N.Y. App. Div. 1926)

Opinion

March, 1926.

Present — Kelly, P.J., Rich, Young, Kapper and Lazansky, JJ.


Judgment unanimously affirmed, with costs. Assuming, without deciding, that the appellant stockholder is in a position to raise the question of the alleged invalidity of the mortgage in suit, we think her claim unavailing so long as the corporation has and retains the benefit of the money loaned on the faith of the mortgage. ( Hamilton Trust Co. v. Clemes, 17 App. Div. 152; affd., 163 N.Y. 423.) The finding that the mortgagees were without knowledge of the by-laws is approved.


Summaries of

Wall v. Seventy Pierrepont Street Corporation

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1926
216 App. Div. 772 (N.Y. App. Div. 1926)
Case details for

Wall v. Seventy Pierrepont Street Corporation

Case Details

Full title:MURRAY WALL, Respondent, v. SEVENTY PIERREPONT STREET CORPORATION and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1926

Citations

216 App. Div. 772 (N.Y. App. Div. 1926)