Dillaye v. Commercial Bank of Whitehall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing a judgment in favor of plaintiff, entered on the report of a referee, and granting a new trial on an appeal by The Commercial Bank of Whitehall, one of the defendants.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial district, reversing a judgment in favor of plaintiff, entered on the report of a referee, and granting a new trial on an appeal by The Commercial Bank of Whitehall, one of the defendants. The action was brought by the plaintiff for the purpose, among other things, of having a certain mortgage given by Henry J. Sedgwick and George D. Cowles to Stephen D. Dillaye, her husband, on the sale and conveyance of the premises mortgaged by him to them, and which subsequently had become vested in The Commercial Bank,…
1Opinion of the Court
Lott, Ch. C.
Assuming that the plaintiff’s husband was her trustee, and that the mortgage in question, while held by him, was impressed with a trust in her favor (as to which we do not deem it necessary to express any opinion, in the view we take of the case), there is, nevertheless, no ground for the reversal of the order appealed from.
This conclusion is reached by the following, among other considerations:
1st: The complaint alleges generally that Stephen Dillaye, the plaintiff’s husband, imjnediately after their intermarriage on the 31st day August, ¿648, entered into the possession,…
2Cases cited2 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Dillaye v. . GreenoughNew York Court of Appeals · 1871
3Cited by10 opinions
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
- In re BlackmarNew York Surrogate's Court · 1929
- Spencer v. . WeberNew York Court of Appeals · 1900
- In re the Final Judicial Settlement of the Accounts of TompkinsNew York Surrogate's Court · 1899
- Spencer v. WeberAppellate Division of the Supreme Court of the State of New York · 1898
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