Stoddard v. . Gailor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The bond and mortgage were not negotiable securities.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3, 1881, which affirmed a judgment entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The bond and mortgage were not negotiable securities. If they should be found or fall into the hands of any third person their possession would not be prima facie evidence of title. (Barrick v. Barrick, 21 Barb. 241.) A bond of indemnity is not required in an action on a lost instrument unless the…
1Opinion of the CourtEarl, J.
This action was brought to foreclose a mortgage made by the defendant Gailor to Boring Hall, plaintiffs’ intestate, on the 15th day of January, 1872, for $4,200. Hpon the trial there was no dispute that the bond and mortgage were given as stated in the complaint, and that there was due and unpaid thereon the sum of $2,700, and interest from the 1st day of May, 1875. The court at Special Term ordered judgment for the plaintiffs in the usual form, for the foreclosure, of the mortgage and sale .of the mortgaged premises, upon condition that they execute a bond to Gailor in the penal sum of…
2Cases cited1 opinion
- Heermans v. . EllsworthNew York Court of Appeals · 1876
3Cited by5 opinions
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
- Chittick v. Thompson Hill Development Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Barnes v. Long Island Real Estate Exchange & Investment Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Barnes v. Long Island Real Estate Exchange & Investment Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Peterson v. Meyer, New York County Courts1919