United States Trust Co. v. Stanton
New York Supreme Court
Appeal from special term. Action by the United States Trust Company, as substituted trustee under the will of Gilbert W. Bowne, deceased, against Philip V. R. Stanton, wife, and others to foreclose a mortgage, made by defendants. From a judgment for defendants, plaintiff appeals. Reversed. For former reports, see 8 N. Y. Supp. 756; 19 N. Y. Supp. 986.
1Opinion of the CourtBarnard, P. J.
On the 19th of May, 1862, the defendants executed a bond and mortgage for $2,500 to the executors of the last will of George W. Bowne. .The plaintiff, on the 23d of November, *2301866, was appointed to succeed the executor as trustee, and thereby acquired the title to the bond and mortgage. The last surviving trustee under the will of Bowne was John Leveridge, and the question first presented is whether a payment of interest was made to him on the 23d of October, 1867. If not so made, the statute of limitations has run against the bond and mortgage. This payment is clearly proven. George…
2Cases cited2 opinions
- New v. . NicollNew York Court of Appeals · 1878
- Stanton v. . KingNew York Court of Appeals · 1879