Assignee"), hereby assign to the Assignee all my right, title and interest in the certain mechanic's lien for the sum of ten thousand ($10,000) dollars, of which a notice was filed in the office of the clerk of the County of New York on January 5, 1923, against the following real property: ALL that certain lot, piece or parcel of land, situate in the Borough of Manhattan, New York City, and bounded and described, as follows: BEGINNING**** together with all moneys due, or which may grow due, thereunder. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). No. 38. Assignment of moneys deposited in escrow.28 KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the" Assignee"), hereby assign to the said Assignee all my right, title and interest in the sum of four thousand ($4,000) dollars which was deposited by me with the Koe Trust Company of New York, pursuant to the terms of a written agreement executed on the 10th day of March, 1922 (a copy of which is hereto annexed and made a part hereof). IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). [Annex Copy of Agreement.] 25 Adapted from Gould v. Fleitmann (1920), 230 N. Y. 569, 130 N. E. 897. No. 39. Assignment of mortgage, with covenant-statutory form.29 KNow that John Doe, Assignor, in consideration of one hundred ($100) dollars, paid by Richard Roe, Assignee, hereby assigns unto the Assignee, a certain mortgage made by Henry Koe, given to secure payment of the sum of five thousand ($5,000) dollars and interest, dated the 5th day of January, 1922, and recorded on the 5th day of January, 1922, in the office of the register of the county of New York, in liber 97 of mortgages, at page 74a, covering premises No. 972 Broadway, Borough of Manhattan, New York City, together with the bond or obligation described in said mortgage, and the moneys due and to grow due thereon with the interest. TO HAVE AND TO HOLD the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee for ever. And the Assignor covenants that there is now owing upon said mortgage, without offset or defense of any kind, the principal sum of five thousand ($5,000) dollars, with interest thereon at six (6%) per centum per annum from the 5th day of July, 1922. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). No. 40. Assignment of mortgage without covenant-statutory form, 30 KNOW that John Doe, Assignor, in consideration of one hundred ($100) dollars paid by Richard Roe, Assignee, hereby assigns unto the Assignee, a certain mortgage made by Henry Koe, given to secure payment of the sum of five thousand ($5,000) dollars and interest, dated the 5th day of January, 1922, and recorded on the 5th day of January, 1922, in the office of the register of the county of 20 Adapted from New York Laws, 1917, Ch. 681, Schedule O. 30 Adapted from New York Laws, 1917, Ch. 681, Schedule N. New York, in liber 97 of mortgages, at page 74a, covering premises No. 972 Broadway, Borough of Manhattan, New York City, together with the bond or obligation described in said mortgage, and the moneys due and to grow due thereon with the interest, TO HAVE AND TO HOLD the same unto the Assignee, and to the successors, legal representatives and assigns of the Assignee forever. IN WITNESS WHEREOF, the Assignor has hereunto set his hand and seal, this 5th day of January, 1923. In the presence of John Jones. No. 41. John Doe (L.S.). Assignment of non-exempt property to receivers of a corporation, with covenant to execute additional instruments.31 KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe and John Roe, as Receivers of Koe, Inc., a corporation, and of its properties, duly appointed under a certain order of the United States District Court for the Southern District of New York, dated December 13, 1922, in a proceeding in equity pending in said court, entitled John Brown, complainant, against Koe, Inc., defendant, and duly entered in the office of the clerk of said court on December 13, 1922, and their survivor, successor or successors, substitute or substitutes, and such other person or persons as may be appointed co-receiver or coreceivers with them, and may qualify and act as such (herein called "the Assignees"), hereby assign to the said Assignees all my right, title and interest in all my property, assets and estate of every sort and description, and wheresoever situated, excepting from this assignment the following: (a) All property, assets and estate of every sort and description which may be exempt from execution under the laws of the State of New York; and (b) All my right, title and interest in two certain policies of insurance, heretofore issued upon my life,-one, bearing No. 690, for ten thousand ($10,000) dollars, issued by the Brown Insurance Company of Boston, Massachusetts, and the other, bearing No. "Adapted from Martindale v. DeKay (1918), 224 N. Y. 585, 120 N. E, 869. 1700, for five thousand ($5,000) dollars, issued by the Green Insurance Company, of Worcester, Massachusetts. TO HAVE AND TO HOLD all and singular the said property, estate and assets hereby assigned, or intended so to be, and all my estate, right, title and interest therein and thereto unto the said Assignees, their successors, assigns and transferees forever. And I, the said Assignor, hereby covenant and agree to execute and deliver such further instruments, and to do, or cause to be done, all acts and things that may be requested by the said Assignees, for the purpose of effectuating and carrying out the intents and purposes of this instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Doe (L.S.). John Jones. No. 42. Assignment of part of the principal sum of a mortgage.32 KNOW ALL MEN, that I, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe, residing at No. 3712 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the Assignee, out of a certain mortgage made by Henry Koe, given to secure the payment of the sum of fifty thousand ($50,000) dollars, and interest, dated the 5th day of January, 1923, and recorded on the 5th day of January, 1923, in the office of the register of the county of New York, in liber 97 of mortgages, page 74a, covering premises No. 9712 Broadway, Borough of Manhattan, New York City, the net sum of twenty thousand ($20,000) dollars, with the interest thereon, together with the bond, or obligation, described in said mortgage, to the extent of twenty thousand ($20,000) dollars, with the interest thereon. TO HAVE AND TO HOLD the same to the Assignee, and to the successors, legal representatives and assigns of the Assignee, for ever. 32 Cf. Mechanics' Bank v. Bank of Niagara (1832), 9 Wend. (N. Y.) 410. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. In the presence of John Jones. John Doe (L.S.). No. 43. Assignment of option upon condition that assignee shall perform. 33 KNOW ALL MEN, that WHEREAS, a certain option agreement was made and delivered on the 3rd day of January, 1923, by Doe Co., a corporation, organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City, to Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (which agreement is hereto attached, and, by reference thereto, is now hereby made a part hereof); and WHEREAS, in said agreement, it is, among other things, provided that said agreement may be assigned by the said Richard Roe, and that, when so assigned, said agreement, and all of its parts and provisions, shall inure to the benefit, and shall run in favor of, and be obligatory upon, such assignee, with the same force and effect as though such assignee had originally been made a party thereto, and that, in case of such assignment by said Richard Roe, all of his rights, as well as all of his obligations, thereunder, whatsoever the same may be, shall forthwith cease and terminate: NOW, THEREFORE, in consideration of the sum of one ($1) dollar paid by Henry Koe, residing at No. 571⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), the receipt whereof is hereby acknowledged, I, the said Richard Roe, hereby transfer and assign to the said Assignee, all my right, title and interest in the said annexed agreement, upon the express proviso and condition, however, that said Assignee shall assume, and agree to perform all of the obligations, whatsoever the same may be, created by said agreement against me, the said Richard Roe. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923. Richard Roe (L.S.). "Adapted from Corn Products Refining Co. v. U. S. (1919), 249 U. S. 621, 39 Sup. Ct. Rep. 291, 63 Law ed, 805. |