Legal Opinion
Bogert v. Striker
New York Court of Common Pleas
Decided January 15, 1895PublishedCited by 1 opinion
Action by Henry A. Bogert, as trustee, against Elsworth L. Striker .and others.
1Opinion of the Court
DALY, O. J.
The question in the case is whether the mortgagor, Striker, after paying off his mortgage to Weil, could revive it, and transfer it to Robert, as security for a new indebtedness, as against a subsequent grantee for value, but with constructive notice of the mortgage, it never having been satisfied of record. The latter invokes the rule that the payment of the mortgage debt extinguishes the mortgage. Hill. Mortg. (4th Ed.) 473; 1 Jones, Mortg. § 943; Mead, v. York, 6 N. Y. 449. But this rule has its exceptions; and the payment by the mortgagor to the mortgagee does not cancel the…
2Cases cited5 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Champney v. . CoopeNew York Court of Appeals · 1865
- Kellogg v. . AmesNew York Court of Appeals · 1869
- Coles v. . ApplebyNew York Court of Appeals · 1881
- Mead v. YorkNew York Court of Appeals · 1852
3Cited by1 opinion
- Sherow v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1897