Champney v. . Coope
New York Court of Appeals
The facts of the case sufficiently appear in the opinion of Davies, J. The onus probandi, as to all matters in dispute, is on the defendants. The referee decided, and correctly, that the bond and mortgage was not extinguished 'before they were assigned to Miss Jacobs, and that they were still outstanding and valid securities. The Supreme Court erred in assuming the debt to be that of David Coope, and not that of Mrs. Coope.
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The facts of the case sufficiently appear in the opinion of Davies, J. The onus probandi, as to all matters in dispute, is on the defendants. The referee decided, and correctly, that the bond and mortgage was not extinguished 'before they were assigned to Miss Jacobs, and that they were still outstanding and valid securities. The Supreme Court erred in assuming the debt to be that of David Coope, and not that of Mrs. Coope. Miss Jacobs was a bona fide purchaser of the mortgage, and was never informed or understood that it was paid off. This is not a case of latent equities between the…
1Opinion of the CourtDavies, J.
This is an appeal from an order of the General Term of the Third District, reversing a judgment in favor of the plaintiff, entered upon the report of a referee, and granting a new trial. The plaintiff stipulates that, if the order is affirmed, judgment absolute may be rendered against him. The action was commenced in 1860, to foreclose a mortgage made and executed by one Jane Coope, bearing date July 13, 1844, to one Lime T. James, upon a certain farm in the town of Plattekill in county of Ulster. The mortgage was given to secure the payment of a bond of said Jane Coope, bearing even date…
2Cases cited1 opinion
- Harbeck v. . VanderbiltNew York Court of Appeals · 1859
3Cited by36 opinions
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- Sweet v. . HenryNew York Court of Appeals · 1903
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- Coles v. . ApplebyNew York Court of Appeals · 1881
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