New York Supreme Court, 1890

McComb v. Cordova Apartment Ass'n

McComb v. Cordova Apartment Ass'n
New York Supreme Court · Decided April 18, 1890 · Daniels
10 N.Y.S. 552; 31 N.Y. St. Rep. 334; 56 Hun 644; 1890 N.Y. Misc. LEXIS 851 (New York Supplement)

Counsel

William G. Choate and George H. Adams, for appellants. Thomas H. Hubbard, for respondent.

McComb v. Cordova Apartment Ass'n

Opinion of the Court

Daniels, J.

These cases depend upon the disposition which should be directed to be made in the action in favor of the same plaintiff against the Barcelona Apartment Association. The mortgages are, for the same reasons as have been given in that case, entitled to be maintained. But the judgment directed in favor of the plaintiff should be in like manner modified, by excluding the residue of the moneys advanced by the plaintiff over and above those secured by the bonds and mortgages executed and delivered to him; and, as so modified, the judgment should be affirmed, without costs of the appeal to either party. All concur.

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