Winegard v. Fanning
New York Supreme Court
Appeal from special term, Albany county. Action by Elizabeth Winegard against Benjamin Fanning to recover the sum of $4,183.54 and the accumulated interest, alleged to be the proceeds of the sale of land under a mortgage foreclosure. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtPutnam, J.
On December 27, 1882, one John W. Vrooman and his wife executed and delivered to defendant a mortgage on certain lands in Schoharie county to secure the bond of the former, conditioned to pay $3,500 and interest as therein specified. On or about March 31, 1883, by an assignment absolute on its face, and reciting a consideration of $3,500, defendant transferred said bond and mortgage to plaintiff. The assignment was not recorded. On the 10th day of April, 1886, defendant commenced an action to foreclose said mortgage, in his own name, and afterwards obtained judgment therein, under which the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Pratt v. . ShortNew York Court of Appeals · 1880
- Carpenter v. . WardNew York Court of Appeals · 1864
- Rome Savings Bank v. . KrugNew York Court of Appeals · 1886