Bowers v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought to foreclose two mortgages by defendant Johnson to Richard F. Blydenburgh, upon certain real estate in the city of Brooklyn. The mortgages were assigned by Blydenburgh to Josiah Bowers, the original plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought to foreclose two mortgages by defendant Johnson to Richard F. Blydenburgh, upon certain real estate in the city of Brooklyn. The mortgages were assigned by Blydenburgh to Josiah Bowers, the original plaintiff. He having died, the said bonds and mortgages were assigned by his executor to the present plaintiff, who was thereupon substituted as plaintiff. The facts pertinent to the…
1Opinion of the CourtGbovbb, J.
The respondent’s assignor took the assignment of the mortgages in the present case as collateral security for the payment of a pre-existing note. He stands in no better position, as to any of the defendants, than would the assignor, Blydenburg, if living, or his representatives since his decease. Whether he would, as to any or which of the parties, had he been a tona fide purchaser, is a question not necessary to consider, as it does not arise in the case. The rights of the parties depend wholly upon questions of fact. As to the defendant, Johnson, the questions are whether the mortgages were…
2Cited by9 opinions
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Cuyler v. . WallaceNew York Court of Appeals · 1905
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Downey v. AndrusMichigan Supreme Court · 1880
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