Ackerman v. . Hunsicker
New York Court of Appeals
5 Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 6, 1880, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial, j (Reported below, 21 Hun, 53.) . 1 This action was brought to foreclose a mortgage executed by the defendant Levi, upon lands situate in the city of Syracuse.
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5 Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 6, 1880, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial, j (Reported below, 21 Hun, 53.) . 1 This action was brought to foreclose a mortgage executed by the defendant Levi, upon lands situate in the city of Syracuse. Certain of the defendants, who were judgment creditors of the mortgagor, answered, claiming that their judgments were liens superior to the mortgage, as to a portion of the amount claimed by plaintiff to be secured…
1Opinion of the CourtAndrews, J.
The mortgage from Levi, to the plaintiff, was given to secure the mortgagee, for any indorsements he had made, or should thereafter make, for the mortgagor, or the firm of Levi & Miller, to the amount of $6,000: It was dated May 2, 1874, and was recorded May 3, 1874.^ The first indorsement was made May 7, 1874, and the last October 16, 1874. The plaintiff has been compelled.to pay the indorsed paper, and has advanced for that purpose the sum of nearly $5,000, over and above all payments made by the mortgagor. This action is brought to foreclose the mortgage, and the only controversy relates…
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