Cochrane v. Hawver
New York Supreme Court
Appeal from special term, Columbia county. Action to foreclose a mortgage by Aaron Y. S. Cochrane against Chancellor Haw ver, executor of James E. McClure, deceased, Clara V. McClure, and ■others. The mortgage was executed by decedent during his life-time to one .Lucius Moore to secure him from liability as indorser on notes thereafter made. He thereafter indorsed a note for decedent, and this note and the mortgage were assigned to plaintiff.
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Appeal from special term, Columbia county. Action to foreclose a mortgage by Aaron Y. S. Cochrane against Chancellor Haw ver, executor of James E. McClure, deceased, Clara V. McClure, and ■others. The mortgage was executed by decedent during his life-time to one .Lucius Moore to secure him from liability as indorser on notes thereafter made. He thereafter indorsed a note for decedent, and this note and the mortgage were assigned to plaintiff. A judgment was rendered directing that the mortgage be paid out of the decedent’s personal estate, and the executor appeals. 3 Rev. St. N. Y. (7th Ed.)…
1Opinion of the CourtLearned, P. J.
The deceased, some 16 years before making the note in question, executed a mortgage to Moore, to secure him against liability for ■accommodation indorsements to be made. After making the note, he obtained the indorsement of Moore, and had the note discounted at a bank. Subse•quently, he married Clara Y., one of defendants. After his marriage, he ■died, leaving his widow surviving, and having made a will by which he gave his property in trust for his child. The note has not been paid by the maker, -or his estate; but the note and the mortgage have been assigned to the plaintiff. It therefore…
2Cited by12 opinions
- Wagner v. ThieriotAppellate Division of the Supreme Court of the State of New York · 1922
- In re the Estate of TabbaghNew York Surrogate's Court · 1938
- In re Oviatt's EstateNew York Supreme Court · 1890
- In re the Estate of RosenbaumNew York Surrogate's Court · 1935
- In re the Estate of FogartyNew York Surrogate's Court · 1937
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