Patterson v. . Birdsall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. (Reported below, 6 Hun., 632.) This action was brought to enforce an alleged right of plaintiff, as junior mortgagee, to be subrogated to the rights of a prior mortgagee, under a mortgage executed by defendants.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. (Reported below, 6 Hun., 632.) This action was brought to enforce an alleged right of plaintiff, as junior mortgagee, to be subrogated to the rights of a prior mortgagee, under a mortgage executed by defendants. The facts found by the court are substantially as follows: On the 30th October, 1857, the plaintiff and John H. Hungerford held a judgment of foreclosure and sale which they had recovered in…
1Opinion of the CourtAllen, J.
The form which the parties have seen fit to give the transaction, brought under review by this appeal, cannot be ignored, when to do so would be a perversion of justice and against equity and good conscience. The transaction was in substance, as it was in form, so far as the mortgage sought to be enforced by the plaintiff is concerned, an advance of money to the mortgagee in redemption and discharge of the mortgage, and to relieve the premises from the incumbrance in favor and for the benefit of junior incumbrances held by the plaintiff. It was not a loan of money to the defendants, and was…
2Cases cited6 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Schroeppel v. CorningNew York Supreme Court · 1848
- Rice v. Welling & FakeNew York Supreme Court · 1830
- Dewitt v. . BrisbaneNew York Court of Appeals · 1858
- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Sidener v. PaveyIndiana Supreme Court · 1881
- Carlisle v. Mercantile Trust Co.Court of Appeals for the Sixth Circuit · 1901
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
- Rountree v. . BrinsonSupreme Court of North Carolina · 1887
25 more not listed; retrieve them via the Exa API.