Fitch v. McDowell
New York Supreme Court
Appeal from special term, Clinton county. Action by Emmett M. Fitch, as administrator, against Edward M. McDowell and others to foreclose a mortgage. There was a judgment in favor of plaintiff, and defendants appeal. Modified.
1Opinion of the CourtPutnam, J.
The arrangement under which the mortgagor, Edward M. McDowell, in November, 1887, made and delivered to Andrew Williams the note for $1,750 described in the answer of defendants as a conditional payment on the bond and mortgage in suit, is as valid and binding upon plaintiff as if the assignment by Williams to Jane Ellis, made in 1886, as collateral security, had not been executed. McDowell was- not informed of such assignment; it was not recorded. Williams had possession of the bond and mortgage, and, in fact, was authorized to receive payments thereon. Van Keuren v. Corkins, 4 Hun, 129, 66…
2Cases cited17 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Agawam Bank v. . StreverNew York Court of Appeals · 1859
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
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3Cited by3 opinions
- Kissling v. SkolkinAppellate Division of the Supreme Court of the State of New York · 1939
- Schmidt v. HoffmanAppellate Terms of the Supreme Court of New York · 1896
- Schmitt v. HoffmannAppellate Terms of the Supreme Court of New York · 1896