Brown v. Mechanics' & Traders' Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Timothy Y. Brown, as executor of the will of Ephraim 3>. Brown, deceased, against the Mechanics’ & Traders’ Bank, to recover the amount of an alleged deficiency for which plaintiff, as such executor, became liable, in consequence of the foreclosure of a mortgage made by his testator on certain premises in Yew York City. There was a judgment in favor of plaintiff, and defendant-appeals. Reversed.
1Opinion of the CourtRumsey, J.
For many years before the 1st day of January, 1878, Ephraim D. Brown was the president of the defendant, and, as such, he had general charge of its affairs. In September, 1874,. and while Brown was acting as president, one Michael Gavin, who-was largely indebted- to the bank, was the owner of the equity of redemption in certain premises subject to mortgages which were about to be foreclosed. Gavin called upon Brown, in his capacity as president of the bank, and besought him to bid in the property-in the interest of the bank and of Gavin himself, so that Gavin might have an opportunity…
2Cases cited5 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Gilbert v. . WimanNew York Court of Appeals · 1848
- Maloney v. . NelsonNew York Court of Appeals · 1894
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
- Brown v. Mechanics' & Traders' National BankNew York Supreme Court · 1890
3Cited by4 opinions
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898