Hoyt v. Hoyt
The Superior Court of New York City
Appeal from a judgment entered upon the report of Henry Hicoll, Esq., as Referee. The relief demanded by the complaint in this action was that the defendant should deliver to the plaintiff two bonds and mortgages described therein, which had been assigned by the mortgagee to the defendant, and also should reassign the same if necessary.
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Appeal from a judgment entered upon the report of Henry Hicoll, Esq., as Referee. The relief demanded by the complaint in this action was that the defendant should deliver to the plaintiff two bonds and mortgages described therein, which had been assigned by the mortgagee to the defendant, and also should reassign the same if necessary. It was, however, agreed during the pendency of this action, that the plaintiff should continue an action for their foreclosure, commenced before the present one was begun, and should hold the proceeds of the sale on such foreclosure, subject to the decision in…
1Opinion of the Court
By the Court—Robertson, J.
Only two questions arise in this case, upon whose determination it depends ^ the first is the efficacy of the parol assignment of the mortgages in question to the plaintiff, from Charles Hoyt, as security for a debt due by him, to confer an ownership as against subsequent purchasers; and the second embraces the good faith of the purchase by the defendant for value, without any notice of the plaintiff’s rights, at the time of the written transfer of them to the former, within the meaning of the recording act.
Two objections are made to the plaintiff’s availing himself,…
2Cases cited6 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- Bank of Salina v. BabcockNew York Supreme Court · 1839
- White v. ColeNew York Supreme Court · 1840
- James v. JohnsonNew York Court of Chancery · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Belden v. MeekerNew York Supreme Court · 1870
- Treadwell v. LincolnNew York Supreme Court · 1889