From Casetext: Smarter Legal Research

Westchester Trust Co. v. Est. of Edward Underhill

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1938
255 App. Div. 1013 (N.Y. App. Div. 1938)

Opinion

December 23, 1938.

Present — Lazansky, P.J., Davis, Adel, Taylor and Close, JJ.


Judgment declaring that the plaintiff has a right to bring a separate action against the defendant upon its bond to recover certain installments of interest due, pursuant to the defendant's covenant contained in said bond, without losing the right to bring a subsequent action to recover the principal indebtedness and without the right in the defendant in the action to recover the interest to offset the market value of the property covered by the mortgage, unanimously affirmed, with costs. No opinion.


Summaries of

Westchester Trust Co. v. Est. of Edward Underhill

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1938
255 App. Div. 1013 (N.Y. App. Div. 1938)
Case details for

Westchester Trust Co. v. Est. of Edward Underhill

Case Details

Full title:WESTCHESTER TRUST COMPANY, Respondent, v. THE ESTATE OF EDWARD UNDERHILL…

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

Date published: Dec 23, 1938

Citations

255 App. Div. 1013 (N.Y. App. Div. 1938)

Citing Cases

Central Hanover Bank T. Co. v. Roslyn Estates

In support of this contention respondent cites Rochester Trust Safe Deposit Co. v. Hatch ( 273 N.Y. 507);…

1st Natl Bk. of Hollywood v. Freedman

In such character, it cannot be said that the interest and the principal then due constituted one single and…