145 N.Y.S. 80 | N.Y. App. Div. | 1913
Much might be written in support of the contention that the mortgage for $165,000 made by the Embo Land Company to the Title Guarantee and Trust Company, which was dated on December 3, 1912, and recorded on December fifth of the same year, was given as a “ supplemental mortgage ” to the mortgage for the same amount given by the Hartley Realty Corporation to the said title company, which was dated July 30 and recorded upon August 2, 1912, and that it was given for the purpose of “ perfecting the previously recorded mort
The order granting the peremptory writ of mandamus should be reversed, with ten dollars costs and disbursements, and the motion for a peremptory writ denied, with fifty dollars costs.
Jenks, P. J., Thomas, Rich and Putnam, JJ., concurred.
Order granting peremptory writ of mandamus reversed, with ten dollars costs and disbursements, and motion for a peremptory writ denied, with fifty dollars costs.