Bacon v. . Van Schoonhoven
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 26, 1879, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordered a new trial. (Reported below, 19 Hun, 158.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 26, 1879, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordered a new trial. (Reported below, 19 Hun, 158.) The nature of the action and the material facts are stated in the opinion. Where a recorded mortgage has been assigned by the mortgagee, and the assignments are not recorded, it cannot be satisfied by the mortgagee as against the assignee in favor of a subsequent purchaser or of the mortgaged premises, without…
1Opinion of the CourtRapallo, J.
On the 4th of February, 1876, Grodus W. Smith, then being sole owner of the premises in question, mortgaged them to the defendant Van Schoonhoven, to secure a loan of $3,800, made by him at the time. Before consummating the loan Van Schoonhoven examined the title and found on record a mortgage for $3,500 on the same premises, made by Grodus W. Smith and Samuel W. Smith, to Matthew Owen, dated October 10, and recorded October 13, 1866, of which he required said Smith to procure a satisfaction before completing the loan. FTo assignment of that mortgage appeared upon record, and Van Schoonhoven…
2Cases cited4 opinions
- Decker v. . BoiceNew York Court of Appeals · 1880
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Ely v. ScofieldNew York Supreme Court · 1861
3Cited by28 opinions
- Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Curtis v. . MooreNew York Court of Appeals · 1897
- Goldstein v. GoldAppellate Division of the Supreme Court of the State of New York · 1984
- Donaldson v. GrantUtah Supreme Court · 1897
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