Fellows v. . Longyor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made -January 22,1881, which affirmed a judgment in favor of plaintiff, 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.
1Opinion of the Court
Eugeb, Ch. J.
This action is brought to foreclose a mortgage of $5,000, given March 29, 1870, by appellant, Frances Longyor, to one Abner P. Downer, guardian, etc., upon lands in Niagara county. The mortgage was assigned by Abner P. Downer, guardian, etc., to the plaintiff, on the 12th day of June, 1876, which assignment contained a covenant on thé part of the said Downer that the sum of $5,322 was unpaid thereon, that there were no defenses or offsets to said mortgage, with a guaranty^of its collection.
The whole sum secured to be paid becoming due in May, 1878, this action was commenced to…
2Cases cited10 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Duncan v. JaudonSupreme Court of the United States · 1873
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Gerard v. . McCormickNew York Court of Appeals · 1891
- Warren v. . Union Bank of RochesterNew York Court of Appeals · 1898
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Squire v. . OrdemannNew York Court of Appeals · 1909
16 more not listed; retrieve them via the Exa API.