Legal Opinion

Eleventh Ward Savings Bank v. Hay

New York Court of Common Pleas

Decided April 2, 1877PublishedCited by 5 opinions

Appeals from three judgments of foreclosure and sale made by this court, and also from an order denying a motion to consolidate the three suits. The three suits were for the foreclosure of three mortgages, all on the same property, made by Allan Hay to three several parties, and the payment of which had been assumed by the defendant, David M. Koehler, to whom the property had been transferred by Hay.

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Appeals from three judgments of foreclosure and sale made by this court, and also from an order denying a motion to consolidate the three suits. The three suits were for the foreclosure of three mortgages, all on the same property, made by Allan Hay to three several parties, and the payment of which had been assumed by the defendant, David M. Koehler, to whom the property had been transferred by Hay. The defendant Koehler alone defended, and claimed to have paid $6000 on account of the mortgages. He claimed fn have paid $5000 on account of the mortgages—on which there was then due $45,000—at…

1Opinion of the Court

The following opinion was written at special term :

Van Brunt, J.

All the documentary evidence in this case is entirely inconsistent with the theory that Mr. Koehler paid the $5000 on the mortgages in suit at the time the plaintiffs took the assignment of them. If he made the payment on account of the principal of these mortgages, why did he execute a bond to pay $45,000 when the mortgages should become due ? Why did the bank give its checks for $45,000 *330to Koehler’s own order, and Koehler endorse them over to the holders of the mortgages ? Why did Mr. Koehler draw his check to Mr. Loew…

2Cited by5 opinions

  1. Carter v. SullyThe Superior Court of the City of New York and Buffalo · 1892
  2. Countryman v. DeckNew York Supreme Court · 1883
  3. Eckenroth v. EganNew York Supreme Court · 1897
  4. Rosenberg v. Staten Island Railway Co.New York Court of Common Pleas · 1891
  5. Carter v. SullyThe Superior Court of New York City · 1892

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