Thompson v. Van Vechten
The Superior Court of New York City
This is an appeal by the plaintiff, and also by some of the defendants, from a judgment entered November 4, 1857, on a trial had before Mr. Justice Hoitman, without a jury.
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This is an appeal by the plaintiff, and also by some of the defendants, from a judgment entered November 4, 1857, on a trial had before Mr. Justice Hoitman, without a jury. George J. S. Thompson, is the plaintiff, and Abraham Van Vechten, John Van .Vechten, Nicholas Elmendorf, Marius Schoonmaker, James H. Elmore, George Birkbeck, Jr., Prosper P. Shaw, Robert P. Parrott, John Griffiths, Sheriff of the county of Ulster, and John Orser, Sheriff of the city and county of New York, are the defendants. It was commenced about the 28th of September, 1855. The complaint states that the plaintiff is…
1Dissent
Hoffman, J. (Dissenting.)
I shall first examine the claim and position of Abraham Van Vechten.
1st. It must be admitted, that if the peculiar circumstances attending John Van Vechten’s purchase of the boat, and the position of Abraham Van Vechten as assignee of the Drew mortgage, do not make a difference, that mortgage must be treated as extinguished.
If a mortgagor simply pays off the first of two incumbrances, he has no right to claim that a transfer to himself, or a trustee for him, shall be available as against his own second incumbrancer. A mortgagor liable to pay a sum of money to his…
2Cases cited11 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Mowrey v. WalshNew York Supreme Court · 1828
- Millspaugh v. McBrideNew York Court of Chancery · 1839
- Slade v. Van VechtenNew York Court of Chancery · 1844
- Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
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