Edson v. . Dillaye
New York Court of Appeals
Appeal by the plaintiff from an order of the Supreme court at a general term vacating a judgment. On the 15th of August, 1850, the defendant Stephen D. Dillaye executed to Freeman M. Edson a bond and mortgage to secure $1500 with interest, which mortgage was duly recorded the next day, and on the thirtieth of September following the bond and mortgage were assigned to the plaintiff.
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Appeal by the plaintiff from an order of the Supreme court at a general term vacating a judgment. On the 15th of August, 1850, the defendant Stephen D. Dillaye executed to Freeman M. Edson a bond and mortgage to secure $1500 with interest, which mortgage was duly recorded the next day, and on the thirtieth of September following the bond and mortgage were assigned to the plaintiff. In February, 1852, the mortgagor sold the mortgaged premises to John H. Johnson, and conveyed the same to him by deed with a covenant of warranty. On the 16th of November, 1852, the defendants made and delivered to…
1Opinion of the CourtStrong, J.
The order appealed from reverses the order at a special term of the Supreme Court, denying a motion to vacate the judgment of that court in the action, and sets aside the judgment. It is apparent, from the case on the appeal, that the ground of the order appealed from was, that the note on which this action was brought was collateral to the mortgage mentioned in the case, and that intermediate the striking out of the answer of the defendant and the judgment, the note became satisfied by the sale of the mortgaged premises under the mortgage. The order is a decision that the plaintiff was not,…
2Cited by3 opinions
- Wright v. AustinNew York Supreme Court · 1865
- In re the Accounting of McClancyNew York Surrogate's Court · 1943
- Wooden v. Western New York & P. R. Co.Superior Court of Buffalo · 1892