County of Tompkins v. Ingersoll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William P. Harrington, from a judgment of the Supreme Court in favor of the plaintiff and the defendants, other than the said Harrington, entered in the office of the clerk of the county of Tompkins on the 4th day of September, 1902, upon the decision of the court, rendered after a trial at the Tompkins Special Term, declaring void and canceling of record a-certain assignment of mortgage to the defendant William P. Harrington.
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Appeal by the defendant, William P. Harrington, from a judgment of the Supreme Court in favor of the plaintiff and the defendants, other than the said Harrington, entered in the office of the clerk of the county of Tompkins on the 4th day of September, 1902, upon the decision of the court, rendered after a trial at the Tompkins Special Term, declaring void and canceling of record a-certain assignment of mortgage to the defendant William P. Harrington. The f-un'd over which this controversy arises was derived from, proceedings to sell the real estate of Fred Whitlock, deceased, to-pay his…
1Opinion of the Court
Parker, P. J.:
I do not find that either the court or the Comptroller has ever made any rule prohibiting a county treasurer from selling and delivering a mortgage, or other security, without an order of the court. Nor do I find any provision of law to that effect. With the claim of the respondents, that such an act is prohibited by section 751 of the Code, I cannot agree. The term “ surrendered ” does not express, or in any sense siiggest, the transaction of a sale and delivery. It involves the idea of yielding, of delivering in response to a demand; and I cannot conceive that, by the use of…
2Cases cited3 opinions
- Field v. SchieffelinNew York Court of Chancery · 1823
- Chesterman v. . EylandNew York Court of Appeals · 1880
- Spencer v. . WeberNew York Court of Appeals · 1900
3Cited by5 opinions
- Mills v. BluesteinNew York Court of Appeals · 1937
- Pfeffer v. LehmannAppellate Division of the Supreme Court of the State of New York · 1938
- City of New York v. BuckleyAppellate Division of the Supreme Court of the State of New York · 1940
- Nepola v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935
- Godfrey v. ComptrollerNew York Supreme Court · 1965