Appellate Division of the Supreme Court of New York, 1934

Manufacturers National Bank v. Toole

Manufacturers National Bank v. Toole
Appellate Division of the Supreme Court of New York · Decided November 15, 1934
242 A.D. 893
Manufacturers National Bank v. Toole

Opinion of the Court

Judgment and order affirmed, with costs. Hill, P. J., McNamee, Crapser and Bliss, JJ., concur; Heffernan, J., dissents. The complaint alleged a cause of action on a promissory note. The answer pleaded section 1077-b of the Civil Practice Act, the moratorium statute. Simultaneously with the giving of the note defendants gave a real estate mortgage and a chattel mortgage in separate documents. The real estate mortgage not being the “ sole ” security for the debt, the statute did not apply. [152 Mise. 724.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.