Syracuse Savings Bank v. Merrick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Merrick and another, as executors, etc., of James Tolman, deceased, from so much of a judgment of the Supreme Court in favor of the plaintiff and The Salt Springs National Bank of Syracuse, entered in the office of the clerk of the county of Onondaga on the 9th day of February, 1904, upon the decision of the court, rendered after a trial at the Onondaga Special Term, “as directs that the assignment to the Salt Springs National Bank of…
Read the full summary
Appeal by the defendants, Charles H. Merrick and another, as executors, etc., of James Tolman, deceased, from so much of a judgment of the Supreme Court in favor of the plaintiff and The Salt Springs National Bank of Syracuse, entered in the office of the clerk of the county of Onondaga on the 9th day of February, 1904, upon the decision of the court, rendered after a trial at the Onondaga Special Term, “as directs that the assignment to the Salt Springs National Bank of Syracuse of the bond and mortgage made by Mary Mooney and others to George B. Warner, dated August 2nd, 1895, and recorded…
1Dissent
McLennan, P. J. (dissenting):
It seems to me that the only question presented by this appeal, upon the facts as found by the learned trial court, which findings are amply supported by the evidence, is which one of the interested parties, the Salt Springs National Bank or the estate of James Tolman, deceased, represented by the appellant executors, is the owner of the “ debt,” the payment of which the mortgage in question purports to secure. It must be conceded that if the respondent bank does not own such “ debt,” any security which it may hold to secure its payment or collection is void and…
2Cases cited6 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Langdon v. BuelNew York Supreme Court · 1832
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Kellogg v. . SmithNew York Court of Appeals · 1862
1 more not listed; retrieve them via the Exa API.