Smyth v. . Munroe
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 January 6, 1880, 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 January 6, 1880, which affirmed a judgment in favor of plaintiff, entered upon a. decision of the court, on trial at Special Term. (Reported below, 19 Hun, 550.) This action was brought by plaintiff, as superintendent of the insurance department of the State of Hew York, 'to foreclose a mortgage executed by defendants, Allen Munroe and Julia T., his wife, upon lands owned by the latter, given to secure a bond of the former. The bond and mortgage were executed to the Hew…
1Opinion of the CourtMiller, J.
The principle is well established in this State that where an assignee takes a chose in action by assignment, with the debtor’s assent, and on the faith of a representa-, tian made at the time, the debtor is estopped from impeaching it by any defense inconsistent with his declaration. And it is adjudged, by repeated decisions of this court, that the doctrine of an estoppel in pans may be interposed in such a case against the defense of usury. (L'Amoreux v. Vischer, 2 Comst. 278; Mason v. Anthony, 3 Keyes, 609; Payne v. Burnham, 62 N. Y. 69.) The statement in the certificate of Allen Hunroe…
2Cases cited4 opinions
- Malloney v. . HoranNew York Court of Appeals · 1872
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Ruggles v. . ChapmanNew York Court of Appeals · 1874
- Mason v. AnthonyNew York Court of Appeals · 1867
3Cited by14 opinions
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- Shepard v. PabstWisconsin Supreme Court · 1912
- Morrill v. American Reserve Bond Co. of KentuckyU.S. Circuit Court for the District of Western Missouri · 1907
- Shores-Mueller Co. v. LonningSupreme Court of Iowa · 1913
- Schell v. CollisNorth Dakota Supreme Court · 1957
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