Constant v. . University of Rochester
New York Court of Appeals
Appeal by defendant, the University of Rochester, from a judgment of the General Term of the Superior Court of the city of Hew York, entered upon an .order made January 3, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trr at Special Term.
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Appeal by defendant, the University of Rochester, from a judgment of the General Term of the Superior Court of the city of Hew York, entered upon an .order made January 3, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trr at Special Term. (Mem. of decision below, 22 J. & 8. 51f , This action was brought to foreclose a mortgage dated February 17, 1883, executed by Elizabeth Heehen, then the owner of the mortgaged premises, and her husband, to plaintiff’s testator. The said defendant set up a title acquired by purchase upon sale under a judgment…
1Opinion of the CourtPeckham, J.
In taking the mortgage of January, 1884, we think the university occupied the position of mortgagee for a valuable consideration. It surrendered a prior mortgage, with the accrued interest-thereon, and took the mortgage in question. If the university be not chargeable with notice of the prior mortgage to Constant, which was unrecorded, then its own mortgage is the prior lien as between the two. The first important question arising is, did Deane, who acted in the transaction as the attorney and agent for the university at the time of the execution of the mortgage to the university, have…
2Cases cited4 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Schroeder v. . GurneyNew York Court of Appeals · 1878
- Whitney v. . MartineNew York Court of Appeals · 1882
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- Hartford Accident & Indemnity Co. v. Walston & Co.New York Court of Appeals · 1967
- In Re the Accounting of New York Trust Co.New York Court of Appeals · 1945
- In re Plankinton BankWisconsin Supreme Court · 1894
- Sweeney v. PrattSupreme Court of Connecticut · 1898
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