Rapps v. . Gottlieb
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to have canceled as a cloud upon title and satisfied of record a bond and mortgage executed by the plaintiffs to the defendant Henry Gottlieb, and assigned by him to the defendant Bettie Stern.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to have canceled as a cloud upon title and satisfied of record a bond and mortgage executed by the plaintiffs to the defendant Henry Gottlieb, and assigned by him to the defendant Bettie Stern. The facts, so far as material, are stated in the opinion. It is undoubtedly well settled that an assignee of a mortgage must…
1Opinion of the CourtFinch, J.
We must assume in this case that the mortgage which the plaintiffs seek to cancel as a cloud upon their title never had a valid inception, and failed to become a subsisting security. The finding is that the bond and mortgage, after having been duly executed, were delivered to one Gottlieb “ upon the express understanding ” that he should advance nine hundred and twenty-five dollars as the consideration, and that until such advance was made the “bond and mortgage were to be invalid, void and of no effect.” In other words, there was only a conditional delivery of the security, depending for its…
2Cases cited1 opinion
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
3Cited by23 opinions
- Marden v. . DorthyNew York Court of Appeals · 1899
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- State Bank v. Central Mercantile BankNew York Court of Appeals · 1928
- Cooper v. Spring Valley Water Co.California Court of Appeal · 1911
18 more not listed; retrieve them via the Exa API.