Richards v. La Tourette
New York Supreme Court
Appeal from special term, Broome county. Daniel I. Richards and D. J. Palmers, as assignees of Martin 0. Rockwell, commenced an action to foreclose a mortgage made by E. La Tourette to secure a part of the purchase money upon certain premises conveyed, to-wit, to secure the sum of $1,700 in 10 years from the 30th day of March, 1880. On the 24th of March, 1884, La Tourette conveyed the mortgaged premises to the defendant Edward C. Mersereau, subject to the mortgage, “which…
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Appeal from special term, Broome county. Daniel I. Richards and D. J. Palmers, as assignees of Martin 0. Rockwell, commenced an action to foreclose a mortgage made by E. La Tourette to secure a part of the purchase money upon certain premises conveyed, to-wit, to secure the sum of $1,700 in 10 years from the 30th day of March, 1880. On the 24th of March, 1884, La Tourette conveyed the mortgaged premises to the defendant Edward C. Mersereau, subject to the mortgage, “which mortgage said Mersereau, by the terms of the deed to him, assumed and agreed to pay.” On the 9th of March, 1885, Rockwell…
1Opinion of the CourtHardin, P. J.
Upon this appeal the pivotal question is whether the defendant Mersereau was entitled to set off the claims which he held against the Rockwells against the mortgage which the plaintiffs, as assignees, seek to foreclose. At the time of the assignment by the Rockwells to the plaintiffs nothing was past or over due upon the mortgage. The principal had not matured, nor had any interest become overdue, nor had there been any demand of payment of the money on deposit with the banking-house, nor any return of the certificate and demand of payment thereof.
In Richards v. Village of Union, 48 Hun, 263,…
2Cases cited5 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Myers v. . DavisNew York Court of Appeals · 1860
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
- Bradley v. . AngelNew York Court of Appeals · 1850
- Wells v. StewartNew York Supreme Court · 1848
3Cited by6 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Bradley v. Thompson Smith's SonsMichigan Supreme Court · 1894
- King v. West Coast Grocery Co.Washington Supreme Court · 1913
- Koegel v. Michigan Trust Co.Michigan Supreme Court · 1898
- Stafford Security Co. v. KremerNew York Court of Appeals · 1931
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