Andrews v. . Gillespie
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for plaintiffs entered upon decision of the court at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment for plaintiffs entered upon decision of the court at Special Term. The action was brought to foreclose a mortgage executed by defendant, Gillespie, to Mary E. Gage, and by her assigned to William Andrews, plaintiffs’ testator. » Gillespie, the mortgagor, sets up in his answer a mistake in the terms of the mortgage, and asks for a reformation of the instrument according to the real agreement of the parties to it, and alleges that, when thus reformed, nothing was due thereon.…
1Opinion of the CourtGrover, J.
Bonds and mortgages are not negotiable instruments. The assignee acquires no better title than that of his assignor. He takes title subject to any existing defence, either legal or equitable, of the mortgagor against the assignor. (Mickles v. Townsend, 18 N. Y., 575 ; Hartley v. Tatham, 1 Keyes, 222.) It was not, therefore, necessary for the defendant to prove that the plaintiffs’ testator knew of the mistake at the time he purchased the mortgage of the mortgagee. It is therefore immaterial whether the assignor was a competent witness to prove this fact against the representatives of the…
2Cases cited4 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Mickles v. . TownsendNew York Court of Appeals · 1859
- Hartley v. TathamNew York Court of Appeals · 1864
3Cited by23 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Hartford Accident & Indemnity Co. v. First National Bank & Trust Co.New York Court of Appeals · 1939
- Baird v. . Erie R.R. Co.New York Court of Appeals · 1914
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