Collins v. Pearsall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thad. Collins, Jr., from, a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 19th day of June, 1907, upon the decision of the court, rendered after a trial at the Wayne Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Spring, J.:
In February, 1904, the defendant owned a first mortgage, with an accompanying bond, upon premises owned by one Alicia Pulver. The bond and mortgage were owned by John Bates, the father of the defendant, and came to her after the death of her father and upon the distribution of his estate. The plaintiff owned subsequent liens upon these premises and was desirous of purchasing the bond and mortgage, and ascertained from the husband of the defendant the payments indorsed thereon and wrote to the defendant reciting these indorsements and stating the amount *822unpaid, and signifying his…
2Cases cited1 opinion
- De Wolff v. HoweAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Thorne v. ThorneAppellate Division of the Supreme Court of the State of New York · 1924
- Karnauch v. Shaffer, Pennsylvania Court of Common Pleas, Delaware County1935