Wanzer v. . Cary
New York Court of Appeals
Appeal from judgment of the General Term of tho Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 403.) This action was brought to foreclose a mortgage which, with the bond accompanying it, were executed by defendant Sarah Cary to James E. Shurtcr and George A. Seaman.
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Appeal from judgment of the General Term of tho Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 403.) This action was brought to foreclose a mortgage which, with the bond accompanying it, were executed by defendant Sarah Cary to James E. Shurtcr and George A. Seaman. The court found, substantially the following facts: On or about the 26th day of September, 18-70, certain real estate situated in tho town of Fishkill, Dutchess county, was sold to Samuel Cary and…
1Opinion of the CourtRapallo, J.
It is found by the judge before whom this action was tried, that the mortgage executed by Mrs. Cary was passed over by Cary & Longshore to Shurter & Seaman as collateral security for $1,500 of the installment of $2,000, Avhich Cary & Longshore were to pay to Shurter & Seaman, on account of the purchase money of the land contracted to bo sold by them to Cary <fc Longshore. If there is any evidence to support this finding it must stand, and the consequence is that Shurter & Seaman could convey mo title to the mortgage Avhich Avas not defeasible by the payment or extinguishment of their claim…
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