Farr v. . Nichols
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 9, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 9, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was to foreclose a mortgage given by the defendant Doxstater to the plaintiff upon three parcels of land June 18, 1888, and recorded • April 8, 1889. The expressed consideration was $15,000, and was given as security to the plaintiff for the payment of “ any and all notes, checks and drafts indorsed by the said Archibald Farr for…
1Opinion of the CourtLandon, J.
The appellant claims that the plaintiff’s mortgage by its terms covered past indorsements only, and did not cover those for which recovery was liad.
This contention is based upon the terms of the mortgage which declares it to be given as security for the payment of “ any and all notes, checks and drafts indorsed” by the plaintiff.
At the time plaintiff made his indorsements upon the last two notes of the mortgagor he had no notice, actual or constructive, of the existence of the mortgage to the appellant. He, therefore, had the same right to make indorsements upon the faith of his mortgage…
2Cases cited2 opinions
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
3Cited by8 opinions
- State Bank v. FioravantiNew York Court of Appeals · 1980
- Second National Bank of Warren v. BoyleOhio Supreme Court · 1951
- Huntington v. KneelandAppellate Division of the Supreme Court of the State of New York · 1905
- Reynolds v. WebsterNew York Supreme Court · 1893
- State Bank v. LighthallAppellate Division of the Supreme Court of the State of New York · 1899
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