Smyth v. . Knickerbocker Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 10, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 21 Hun, 240.) This action was brought by plaintiff, as superintendent of the insurance department of the State of Hew York, to foreclose a mortgage executed by defendant Hall and wife, to the Mutual Protection Life Assurance Society, on June 29, 1871. The mortgage and accompanying bond were assigned in October 1811, to the then superintendent of said…
1Opinion of the CourtMiller, J.
This case involves a question as to the priority of mortgages as liens upon mortgaged premises, which has been the subject of frequent consideration in this court, and in some very late decisions. The plaintiff’s mortgage, which is the subject of foreclosure in this action, was assigned by the mortgagee to the superintendent of the insurance department and attached to the assignment. The mortgagor, one Hall, by an instrument in writing, consented to the transfer, and did thereby certify and agree that the principal and interest were due upon the mortgage, and that there was no off-set or…
2Cases cited1 opinion
- Decker v. . BoiceNew York Court of Appeals · 1880
3Cited by6 opinions
- Moran v. WheelerTexas Supreme Court · 1894
- Wood v. SparksTexas Commission of Appeals · 1933
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
- Rumery v. LoyNebraska Supreme Court · 1901
- Frear v. . SweetNew York Court of Appeals · 1890
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