Assets Realization Co. v. . Clark
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the Erie County Court on trial without a jury in an action to foreclose a mortgage upon real property. September 2, 1902, Henry A. Clark and Cornelia, his wife, gave their note for $600 to one Eoss payable three months after date.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the Erie County Court on trial without a jury in an action to foreclose a mortgage upon real property. September 2, 1902, Henry A. Clark and Cornelia, his wife, gave their note for $600 to one Eoss payable three months after date. On the same day they executed and delivered to him a bond conditioned for the payment of $600 three months after date, and a mortgage to secure the payment of said…
1Opinion of the CourtHiscock, J.
On the facts set forth in the foregoing statement two propositions have been advanced by the appellant, one of them being argued at some length.
The first one is that the statement made by Foss as to the amount due on the mortgage at about the time appellant was purchasing the premises was conclusive both as to him and as to his assignee by a prior but unrecorded assignment. This proposition may be dismissed without consideration on the merits. The effectiveness of such a statement on any view is dependent on the element of estoppel whereby a party would be prevented from enforcing the…
2Cases cited23 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Viele v. . JudsonNew York Court of Appeals · 1880
- Curtis v. . MooreNew York Court of Appeals · 1897
- Decker v. . BoiceNew York Court of Appeals · 1880
- Belden v. . MeekerNew York Court of Appeals · 1872
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Bank v. FioravantiNew York Court of Appeals · 1980
- W. C. Early Co. v. WilliamsTennessee Supreme Court · 1916
- Ebling Brewing Co. v. GennaroAppellate Division of the Supreme Court of the State of New York · 1919
- Cogswell v. CannadySupreme Court of South Carolina · 1926
- Johnstone v. Mills (In Re Columbia Pacific Mortgage, Inc.)United States Bankruptcy Court, W.D. Washington · 1982
6 more not listed; retrieve them via the Exa API.