Bank of Utica v. Finch
New York Court of Chancery
'T-h-is was an appeal by-the Bank of 'Rochester, one of the defendants in this cause, from an’interlocutory decree of the vice chancellor of the .eighth, circuit.
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'T-h-is was an appeal by-the Bank of 'Rochester, one of the defendants in this cause, from an’interlocutory decree of the vice chancellor of the .eighth, circuit. The ‘‘bill was'filed to foreclose a mortgage upon certain real estate in the county of Monroe, owned by the defendant H. Finch at the time of the execution of (lie-mortgage; under the following circumstances: Previous to the execution of the mortgage, and at that time, Finch was a dealer with the Bank of Utica, in borrowing money and having notes and drafts discounted by the bank for his benefit. On the day of the date of the…
1Opinion of the Court
The Chancellor.
The appellants; having purchased the equity of redemption from the assignees after the" bill had- been taken as-confessed1 against the1 latter, would;have been precluded-from. setting up any defence which was inconsistent with the admission thus-made, by their- grantors, of the" facts charged in the bill, had not" the complainants, by amending their bill, waived their order taking tlie bill as confessed against the assignees of Finch., But up on; the merits" of the case, thedecision of the vice chancellor was technically correct;
Where a .bond and mortgage are actually given to…
2Cases cited1 opinion
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
3Cited by25 opinions
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- McCarty v. ChalfantWest Virginia Supreme Court · 1878
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Williams v. StarrWisconsin Supreme Court · 1856
- Tison & Gordon v. People's Saving & Loan Ass'nSupreme Court of Alabama · 1876
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