Olyphant v. Phyfe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Martha Campbell and others, as executors, etc., of William Campbell, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 10th day May, 1899, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Patterson, J. :
The primary question in this case relates to the validity and enforcibility of the plaintiffs’ mortgage. The material facts on that question appearing in the proofs are substantially the same as those connected with the mortgage foreclosed in the case of Benedict v. Arnoux (7 App. Div. 1; 154 N. Y. 715). There, as here, the case turned upon the point of an attorney’s knowledge of certain facts being imputable as notice to his client. In both cases the same attorney at law loaned on bond and mortgage moneys of one client to other clients. Here the transaction originated in a…
2Cases cited3 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Platt v. . PlattNew York Court of Appeals · 1887
- Benedict v. ArnouxAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- American Export & Inland Coal Corp. v. Matthew Addy Co.Ohio Supreme Court · 1925
- Personeni v. . GoodaleNew York Court of Appeals · 1910
- In re KinnAppellate Division of the Supreme Court of the State of New York · 1910
- Littlefield-Alger Signal Co. v. County of NassauNew York Supreme Court · 1964