Adler v. Atlas Brick Corporation

New York Court of Appeals
Adler v. Atlas Brick Corporation, 27 N.E.2d 434 (N.Y. 1940)
283 N.Y. 64; 1940 N.Y. LEXIS 939
<italic>Per Curiam.</italic>

Adler v. Atlas Brick Corporation

Opinion of the Court

Per Curiam.

As between the parties, at least in the absence of intervening equities, whether or not a mortgage of real property also covers personal property, is a question of intent and that is a question of fact. In East River Savings Bank v. 671 Prospect Ave. Holding Corp. (280 N. Y. 342) we held that, since a question of fact was presented, summary judgment should not have been granted. Here there has been a trial on the merits and a finding that the parties intended that the mortgages cover personal property.

The order of the Appellate Division affirming the order of the Supreme Court of Columbia county dated May 2, 1938, and entered May 4,1938, should be affirmed, with costs.

Lehman, Ch. J., ■ Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

Order affirmed, etc.

Reference

Full Case Name
Rose Adler, Appellant, v. Atlas Brick Corporation, Respondent. Greyhound Holding Company, Inc., Respondent
Cited By
1 case
Status
Published