Bank of Buffalo v. . Thompson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 11,1889, which denied a motion for a new trial under section 1001 of the Code of Civil Procedure. This was an action for the foreclosure of a mortgage. The material facts are stated in the opinion. The case is one calling only for a construction of the mortgage in suit. The intention of the parties gathered from the whole instrument must prevail.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 11,1889, which denied a motion for a new trial under section 1001 of the Code of Civil Procedure. This was an action for the foreclosure of a mortgage. The material facts are stated in the opinion. The case is one calling only for a construction of the mortgage in suit. The intention of the parties gathered from the whole instrument must prevail. (Thomas on Mort. 196 ; F. N. Bank v. Tarbox, 38 Hun, 57; 3 Black. Comm. 154; Strong v. S. M. Ins. Co., 31 N. Y. 103; In re Gray, 111 id. 404.)…
1Opinion of the CourtEarl, J.
On the 24th day of April, 1882, John Thompson was indebted to the plaintiff upon his individual promissory notes, and was then carrying on business in his own name, and in that way had dealings with the plaintiff. On that day he executed to it a mortgage upon real estate situated in the city of Buffalo, conditioned as follows :
“ Provided always, and these presents are upon this express condition, that if the said John Thompson, his heirs, executors or administrators, shall and do well and truly pay or cause to be paid unto the said The Bank of Buffalo or its assigns, the just and full sum of…
2Cases cited2 opinions
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- Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- United States v. American National Bank of Jacksonville and Title & Trust Company of FloridaCourt of Appeals for the Fifth Circuit · 1958
- LeClear v. SmithAppellate Division of the Supreme Court of the State of New York · 1923
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