Mutual Life Insurance v. Yates County Nat. Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by the Mutual Life Insurance Company of New York against the Yates County National Bank, impleaded with others. From so much of a judgment of the special term as decrees that the complaint be dismissed as to the bank, and that the bank recover §66.71 costs, plaintiff appeals.
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Appeal from special term. Action by the Mutual Life Insurance Company of New York against the Yates County National Bank, impleaded with others. From so much of a judgment of the special term as decrees that the complaint be dismissed as to the bank, and that the bank recover §66.71 costs, plaintiff appeals. This action was begun November 12, 1896, to foreclose two mortgages executed by Michael L. Tierney and Ellen E. Tierney to the plaintiff, one dated April 8, 1887, to secure the payment of $35,000 one year after its date, with interest at the rate of 6 per cent, per annum, payable…
1Opinion of the CourtFollett, J.
All the defendants except the Yates County National Bank made default, and a judgment was entered foreclosing the mortgages, and for any deficiency that might arise on the sale *745■of the premises, against the defaulting defendants who had covenanted to pay the mortgage debt. The Yates County National Bank defended the demand for a judgment against it for any deficiency that might arise on the sale of the mortgaged premises on three grounds: (1) That there was no consideration for its bond; (2) that its president, who executed the bond, had no authority^ to execute it; (3) that it was without…
2Cases cited13 opinions
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
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3Cited by1 opinion
- Lincoln Joint Stock Land Bank v. BextenNebraska Supreme Court · 1933