Ingraham v. . Disborough
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing a judgment entered upon the report of a referee in favor of defendant. The action was brought to foreclose a mortgage. The bond and mortgage were executed by defendant, Disborough, in blank to secure payment of an apparent indebtedness of §10,000, which was stated in the mortgage to be part oi the purchase-money of the premises described.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, reversing a judgment entered upon the report of a referee in favor of defendant. The action was brought to foreclose a mortgage. The bond and mortgage were executed by defendant, Disborough, in blank to secure payment of an apparent indebtedness of §10,000, which was stated in the mortgage to be part oi the purchase-money of the premises described. The name of defendant, Crooker, was subsequently inserted as mortgagee. Ho consideration was received by the mortgagee. Crooker assigned the mortgage…
1Opinion of the CourtPeckham, J.
The referee has found that the bond and mortgage in this case were given without consideration as between the original parties. That as between them they were without consideration and void. The testator loaned to the mortgagee $3,000, and took an assignment of the mortgage for $10,000 as collateral security for its payment. Upon these as the controlling facts (there were other minor circumstances all tending to the same result), the referee found for the defendant. The Supreme Court reversed the judgment, and ordered a new trial, upon the ground, as appears by their opinion, that the…
2Cases cited3 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Richards v. WarringNew York Court of Appeals · 1864
3Cited by13 opinions
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Lapis Enterprises, Inc. v. International Blimpie Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Beck v. SheldonNew York Court of Appeals · 1932
- Gray v. DelphoAppellate Terms of the Supreme Court of New York · 1916
- Kursheedt v. McCuneNew York Supreme Court · 1887
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