Bush v. . Lathrop
New York Court of Appeals
Appeal from the Supreme Court. Action to compel the defendant to assign to the plaintiff a bond and mortgage executed by one Addis to one Cole, and by the latter assigned to Noble, the plaintiff’s intestate, and which had come to the hands of the defendant under the circumstances hereinafter mentioned. The trial was before Mr. Justice Balcom, without a j ary.
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Appeal from the Supreme Court. Action to compel the defendant to assign to the plaintiff a bond and mortgage executed by one Addis to one Cole, and by the latter assigned to Noble, the plaintiff’s intestate, and which had come to the hands of the defendant under the circumstances hereinafter mentioned. The trial was before Mr. Justice Balcom, without a j ary. From his finding, these facts appeared: The bond and mortgage were given to secure the sum of $1,400 and interest, by certain installments. On the 15th May, 1857, Noble, being the owner of them, and being indebted to one Joseph W.…
1Opinion of the CourtDenio, J.
For the purpose of coming at once to the question of law which was discussed on the argument, I shall assume that the defendant purchased the bond and mortgage of Smith and Newton in good faith, paying them the amount purporting to be due on these securities, without notice of any fact tending to impeach the title which they professed to have. The question is, whether the right which passed by the assignment was subject to the equity of Noble’s representatives to redeem the mortgage by paying the amount for which it had been pledged to Preston. That the right to redeem as’against Preston was…
2Cases cited10 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Varick v. BriggsNew York Court of Chancery · 1837
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Clute v. RobinsonNew York Supreme Court · 1807
- Jackson ex dem. Hyer v. Van ValkenburghNew York Supreme Court · 1828
5 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Persky v. Bank of America National Ass'nNew York Court of Appeals · 1933
- Frear v. . SweetNew York Court of Appeals · 1890
102 more not listed; retrieve them via the Exa API.