Gifford v. . Corrigan
New York Court of Appeals
Appeal by defendant Corrigan, as executor of Cardinal John McCloskey, deceased, from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, the Father Matthew Temperance Society.
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Appeal by defendant Corrigan, as executor of Cardinal John McCloskey, deceased, from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 11, 1889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant, the Father Matthew Temperance Society. Defendant Corrigan, as executor, was sought to be charged for any deficiency on sale upon a covenant in a deed of the mortgaged premises executed to his…
1Opinion of the CourtFinch, J.
On a previous appeal we determined in this case that the record of the deed to the defendant’s testator, McCloskey, by which the grantee assumed the payment of plaintiff’s mortgage, was not, under the circumstances, sufficient proof of the delivery and acceptance of the deed. As the case now stands the effect of that record is fortified by direct proof of the delivery and strong circumstantial evi dence of the acceptance. Both facts are now explicitly found by the trial court, but the appellant again denies the sufficiency of the proof.
The mortgage was executed in 1869. The land which it…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- Halsey v. ReedNew York Court of Chancery · 1842
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
3Cited by44 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Hill v. HoeldtkeTexas Supreme Court · 1912
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Townsend v. . RackhamNew York Court of Appeals · 1894
- Barnes v. Hekla Fire Ins.Supreme Court of Minnesota · 1893
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