Utica v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry A. Gates, as executor, etc., of Aaron D. Gates, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 2Yth day of April, 1895, upon the decision of the court rendered after a trial at the Chenango Circuit before the court without a jury.
1Opinion of the Court
Parker, P. J.:
The evidence in this case shows, beyond controversy, that the grantor, Aaron D. Gates, executed to this plaintiff a conveyance of certain premises in the village of Oxford, for the purchase price of one dollar, and that such purchase was made for the purpose of contracting its railroad across it; that at the time of such conveyance there was an outstanding mortgage for $2,000, upon these and other premises, given by the grantor, and, therefore, of course, then known by him to be outstanding and a lien upon the premises conveyed. The mortgage had been outstanding since February…
2Cases cited5 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Delavergne v. NorrisNew York Supreme Court · 1811
- Dimmick v. LockwoodNew York Supreme Court · 1833
- Hymes v. . EstyNew York Court of Appeals · 1892
3Cited by5 opinions
- Murphy v. United States Title Guaranty Co.Appellate Terms of the Supreme Court of New York · 1918
- Hunt v. . HayNew York Court of Appeals · 1915
- King v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1990
- Campbell v. BentleyAppellate Division of the Supreme Court of the State of New York · 1913