Kirsch v. . Tozier
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made August 16, 1892, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made August 16, 1892, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. This action was brought to reinstate a mortgage executed by the defendant Lester H. Tozier and his wife to the defendant Orange L. Tozier, which was made in trust for the plaintiffs, Michael Kirsch and Theodore Kirsch, and for Peter Kirsch, now deceased, minor children of John Kirsch, to set aside a discharge of such mortgage executed by Orange L. Tozier, and for…
1Opinion of the Court
Ahdbews, Ch. J.
The only serious question presented on the record arises on the claim of the Buffalo Savings Bank, that it was not chargeable with notice nor put upon inquiry to ascertain that the defendant Tozier had no authority to discharge the mortgage in question. Tfie savings bank, when it took its mortgage, had constructive notice of every fact which could have been ascertained by an inspection of the-deeds, or mortgages, on record in the chain of title. An insjiection of the records would have disclosed the mortgage given by Lester H. Tozier in October, 1875, and that it was-given “ in…
2Cases cited2 opinions
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Baker v. . BlissNew York Court of Appeals · 1868
3Cited by37 opinions
- Wynn v. GrantSupreme Court of North Carolina · 1914
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Wynn v. . GrantSupreme Court of North Carolina · 1914
- Squire v. . OrdemannNew York Court of Appeals · 1909
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