Wilcox v. . Howell
New York Court of Appeals
Appeal from an order of the General Term of the Supreme ■Court, in the seventh district, affirming a judgment of the Special Term.
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Appeal from an order of the General Term of the Supreme ■Court, in the seventh district, affirming a judgment of the Special Term. This was an action brought in the Supreme Court, to foreclose a mortgage for $4,000, executed by the defendant, John B. Howell and wife to Isaac Picard, and by him sold and assigned to the plaintiff, for $3,100. It hears date the ninth day of July, 1859, and was given to secure a loan for $1,000 in money and the purchase money of a quantity of watches sold by Picard to Howell, for the price or sum of $3,000. Howell, in his -answer, set up by way of recoupment or…
1Opinion of the Court
Earl, C.
The alleged fraud by the mortgagee, in obtaining the mortgage, was fully proved and does not seem to have been disputed or denied at the trial. The plaintiff, as assignee, therefore took the mortgage, subject to the defence of fraud, unless the defendant, the mortgagor, is deprived of this defence by the certificate he executed at the same time he executed the mortgage. That certificate is to the effect that the mortgage was given “ for a good and valid consideration to the full amount thereof, and that the same is subject to no offset or defence whatever.”
If this certificate was…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Shapley v. . AbbottNew York Court of Appeals · 1870
3Cited by25 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Bridger v. . GoldsmithNew York Court of Appeals · 1894
- American National Bank of San Francisco v. A. G. Sommerville, Inc.California Supreme Court · 1923
- Oceanic Villas, Inc. v. Godson, Et Ux.Supreme Court of Florida · 1941
- State v. MatthewsSupreme Court of Kansas · 1890
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