Eitel v. Bracken
The Superior Court of New York City
Appeal from judgment entered on findings of fact and law by the court. The action is to foreclose a mortgage for three-thousand five hundred dollars, made by the defendant, to Thomas Bracken, dated June 13, 1867, for one year, assigned by Bracken to Charles Emmons, March 25, 1868, and assigned by Emmons to James Appleby,, June 13, 1871. On June 13, 1869, Emmons extended the time for the payment of the bond and mortgage to June 13,. 1870. On June 13, 1870, Emmons again…
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Appeal from judgment entered on findings of fact and law by the court. The action is to foreclose a mortgage for three-thousand five hundred dollars, made by the defendant, to Thomas Bracken, dated June 13, 1867, for one year, assigned by Bracken to Charles Emmons, March 25, 1868, and assigned by Emmons to James Appleby,, June 13, 1871. On June 13, 1869, Emmons extended the time for the payment of the bond and mortgage to June 13,. 1870. On June 13, 1870, Emmons again extended the-time of payment for one year. On June 13, 1871, Emmons again extended the time of payment for one year. And…
1Opinion of the Court
By the Court.—Curtis, J.
The difficulty that defendant labors under in sustaining his objection to the jurisdiction of the court is, that the mortgaged premises are in the county of Hew York, and that he •appeared generally, and answered without alleging *14want of jurisdiction as a defense (Spyer v. Fisher, Superior Court Reports, 2nd Serial No., p. 94, vol. 37, p. 94.)
Passing to the principal objections raised by the defendant, it must be conceded that a mortgage has so little of the element of negotiability, that the assignee, though a tona fide holder, takes it subject to ail the equities and…
2Cases cited7 opinions
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Wilcox v. . HowellNew York Court of Appeals · 1871
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Ingraham v. . DisboroughNew York Court of Appeals · 1872
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