Binghamton Sav. Bank v. White
New York Supreme Court
Appeal from special term, Broome county. Action by the Binghamton Savings Bank against May E. White and others to foreclose a mortgage. There was a judgment settling priorities, and defendants the Binghamton Trust Company and others appeal. Affirmed. The mortgage in suit was executed by May E. White, for $2,500, on March 4, 1889, upon an undivided half of the premises described in the complaint, known as the “White & Fuller Brewery Property.”
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Appeal from special term, Broome county. Action by the Binghamton Savings Bank against May E. White and others to foreclose a mortgage. There was a judgment settling priorities, and defendants the Binghamton Trust Company and others appeal. Affirmed. The mortgage in suit was executed by May E. White, for $2,500, on March 4, 1889, upon an undivided half of the premises described in the complaint, known as the “White & Fuller Brewery Property.” When May E. White executed the mortgage to the plaintiff, in March, 1889, she executed and delivered therewith her personal bond, obligating herself to…
1Opinion of the CourtHardin, P. J.
Manifestly the purchase price of the undivided quarter conveyed by May E. White to Fred L. White has never been paid by him to her, or to her appointee for her benefit. When the conveyance was made by her, her deed contained the covenant on the part of her grantee, Fred L. White, that the purchase price to the extent of $2,500 should be paid to her creditor, the plaintiff, who held her personal covenant as well as her mortgage to secure the sum upon her undivided half of the premises mentioned in the mortgage. As soon as Fred White accepted the conveyance from his sister, May E. White, with…
Also in this document: Concurrence.
2Cases cited29 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Williamson v. . BrownNew York Court of Appeals · 1857
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Cordova v. HoodSupreme Court of the United States · 1873
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3Cited by1 opinion
- Martin v. PeetNew York Supreme Court · 1895