Arnold v. . Green
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the March Term, 1886, which modified, and as modified, affirmed a judgment in favor of plaintiffs, rendered on a decision of the court on trial at Special Term. This was an action to compel the specific performance of a contract to convey land.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made at the March Term, 1886, which modified, and as modified, affirmed a judgment in favor of plaintiffs, rendered on a decision of the court on trial at Special Term. This was an action to compel the specific performance of a contract to convey land. On the lltli of July, 1879, the defendant entered into an agreement with Isabelle K. Arnold, one of the plaintiffs, whereby he covenanted to convey to her one hundred and ninety acres of land, known as the Arnold homestead, in…
1Opinion of the CourtVann, J.
This appeal presents the single question whether, under all the circumstances of the case, the defendant should have been substituted in the place of Mr. Wadsworth as the owner of the mortgage in question. Did he by the fact of payment become the equitable assignee of the security and entitled to enforce it for his own reimbursement and the protection of his interest in the land? Under some circumstances the payment of a mortgage does not satisfy it or destroy its lien, because equity regards the person making the payment as the owner thereof for certain definite purposes and keeps it alive…
2Cases cited5 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Stevenson v. . MaxwellNew York Court of Appeals · 1849
- Foster v. AtwaterSupreme Court of Connecticut · 1875
- Stevens v. GoodenoughSupreme Court of Vermont · 1854
3Cited by47 opinions
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Chicago & Northwestern Railway Co. v. NYE Schneider Fowler Co.Supreme Court of the United States · 1922
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
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