Wall v. Seventy Pierrepont Street Corp.
This text of 216 A.D. 772 (Wall v. Seventy Pierrepont Street Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Judgment unanimously affirmed, with costs. Assuming, without deciding, that the appellant stockholder is in a position to raise the question of the alleged invalidity of the mortgage in suit, we think her claim unavailing so long as the corporation has and retains the benefit of the money loaned on the faith of the mortgage. (Hamilton Trust Co. v. Clemes, 17 App. Div. 152; affd., 163 N. Y. 423.) The finding that the mortgagees were without knowledge of the by-laws is approved. Present — Kelly, P. J., Rich, Young, Kapper and Lazansky, JJ.
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216 A.D. 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-seventy-pierrepont-street-corp-nyappdiv-1926.