Weber v. . Bridgman
New York Court of Appeals
Appeal from an order of the general term of the supreme court, reversing a judgment in favor of the plaintiff, entered upon the decision of the court. The action was for the foreclosure of a mortgage executed by James Dunn to Thomas Bierds, conveying premises situated on Carlton Avenue, Brooklyn, as security for the payment of his bond of $2,000, dated May 9, 1872. It was assigned to Paul Weber. He died intestate.
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Appeal from an order of the general term of the supreme court, reversing a judgment in favor of the plaintiff, entered upon the decision of the court. The action was for the foreclosure of a mortgage executed by James Dunn to Thomas Bierds, conveying premises situated on Carlton Avenue, Brooklyn, as security for the payment of his bond of $2,000, dated May 9, 1872. It was assigned to Paul Weber. He died intestate. On the 4th of June, 1874, the plaintiff, Louisa Weber, his widow, was appointed administratrix of his estate, and on July 1, 1886, commenced this action. James Dunn was made…
1Opinion of the CourtDanforth, J.
It should be assumed, without argument, that the plaintiff is not bound by the act of Hartwig, unless his authority to receive the money and discharge the mortgage is established, or unless she has, with knowledge of the facts, recognized "that transaction and adopted it. The respondents’ contention is that both alternatives are established, viz.: that the payment to Hartwig was a valid payment, and also that Hartwig accounted with the plaintiff and paid over to her the money so received by him. As Bridgman dealt with Hartwig as an agent, and now seeks to charge the representatives of Weber…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Knapp v. AlvordNew York Court of Chancery · 1843
- Davis v. Windsor Savings BankSupreme Court of Vermont · 1874
3Cited by14 opinions
- Menendez v. Saks And CompanyCourt of Appeals for the Second Circuit · 1973
- Foster v. . BookwalterNew York Court of Appeals · 1897
- Farmers' Loan & Trust Co. v. WilsonNew York Court of Appeals · 1893
- Greenburg v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
- Hoffman v. Union Dime Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1905
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