Payne v. . Burnham
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the County Court of Kings county in favor of plaintiff. (Reported below, 2 Hun, 143; 4 S. Y. S. C. [T. & C.], 678.) This was an action for the foreclosure of a mortgage executed by defendants Amelia E. Burnham and Avon C. Burnham, her husband, to one Sterling, upon the separate property of the wife, given to secure a joint bond of said defendants.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of the County Court of Kings county in favor of plaintiff. (Reported below, 2 Hun, 143; 4 S. Y. S. C. [T. & C.], 678.) This was an action for the foreclosure of a mortgage executed by defendants Amelia E. Burnham and Avon C. Burnham, her husband, to one Sterling, upon the separate property of the wife, given to secure a joint bond of said defendants. The County Court found in substance that said bond and mortgage were executed and delivered by the defendants Burnham to said…
1Opinion of the Court
Church, Ch. J.
The question whether the mortgage was got up to be sold at a discount, with the knowledge of the plaintiff or his agent, has been passed upon by the court below, upon evidence sufficiently conflicting to make the decision conclusive upon this court, but the judgment is claimed to be erroneous in three respects :
Eirst. In allowing the plaintiff any more than he actually paid for the bond and mortgage, with interest.
Second. In allowing him the $500 paid before the defendant made her affidavit whicli created the estoppel.
Third. In ordering judgment for a deficiency against the…
2Cases cited6 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Manhattan Brass & Manufacturing Co. v. ThompsonNew York Court of Appeals · 1874
- Truscott v. DavisNew York Supreme Court · 1848
- Fall River National Bank v. BuffintonMassachusetts Supreme Judicial Court · 1867
- White v. . McNett Et Ux.New York Court of Appeals · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Trentman v. EldridgeIndiana Supreme Court · 1884
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