United States Trust Co. v. Stanton
New York Supreme Court
Appeal from special term, Kings county. Action by the United States Trust Company against Philip V. E. Stanton and others to foreclose a mortgage. From a judgment in favor of plaintiff, defendant Stanton appeals. Reversed. For former reports, see 21 N. Y. Supp. 229, affirmed by 34 N. E. 1098.
1Dissent
CULLEU, J.,
(dissenting.) This is an appeal from a judgment of the special term for the foreclosure of a mortgage. The com*616plaint sufficiently averred title in the plaintiff. It alleged, that the bond and mortgage in suit passed to the plaintiff as part of the estate of Gilbert W. Bowne, under the order of the court appointing plaintiff trustee. The bond ran to Leveridge and Duryea, “executors of the last will and testament of Gilbert W. Bowne, and trustees appointed in and by said will/’ conditioned for payment to said Leveridge and Duryea, “and the survivor of them, their or his successors in…
2Cases cited3 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Peck v. . MallamsNew York Court of Appeals · 1853
- People ex rel. Son v. MinerNew York Supreme Court · 1862