Coles v. . Appleby
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- May 12, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial, at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made- May 12, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial, at Special Term. (Eeported below, 22 Hun, 72.) This action was brought to foreclose a mortgage executed by defendant, Benham, to Joseph Coles, to secure a bond for the sum of $600, bearing date May 11, 1868. The trial court found, in substance, that on January 1, 1870, Benham conveyed to one Beach all of the mortgaged premises, except a small strip which was on…
1Opinion of the CourtMiller, J.
Two principal questions arise in this case. First. Whether the bond and mortgage described in the complaint and sought to be foreclosed were paid and satisfied before the assignment to the plaintiff. Second. As to the provision in the judgment in reference to the order of sale made by the court. The first question is raised by exceptions taken by the counsel for the appellant to several of the findings of fact made upon this trial. Among other things, the judge found that Joseph Coles, to whom the mortgage was originally given by Benham, about the first of November, 1873, for the…
2Cases cited2 opinions
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
- Champney v. . CoopeNew York Court of Appeals · 1865
3Cited by11 opinions
- Sherman v. . FosterNew York Court of Appeals · 1899
- Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
- Craigmiles v. GambleSupreme Court of Georgia · 1890
- Pruyne v. Adams Furniture & Manufacturing Co.New York Supreme Court · 1895
- Guaranty Trust Co. of New York v. Minneapolis & St. L. R.Court of Appeals for the Fourth Circuit · 1928
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