Angel v. Boner
New York Supreme Court
APPEAL from a judgment entered upon the report and decision of a referee. The action was to foreclose two mortgages executed hy the defendants Woodruff and wife.
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APPEAL from a judgment entered upon the report and decision of a referee. The action was to foreclose two mortgages executed hy the defendants Woodruff and wife. One, to Oliver Fairchild, dated January 28, 1848, and assigned to the plaintiff, March 15, 1859, upon which, at the date of the report, there was due $1592.61; the other, to Jesse Angel, the plaintiff, dated March 27, 1854; amount due, at the date of the report, $973.14. Another mortgage was executed hy Woodruff and wife to Jesse B. Gibbs, dated March 15, 1851, upon which there "was due $1074.47. This mortgage, and the bond, were…
1Opinion of the Court
By the Court, Marvin, P. J.
The bond and mortgage in question were given to Gibbs for money borrowed of him by Woodruff. Gibbs wanted his money, and Woodruff made a note for the amount and procured Lee to indorse it and to raise the money; and by agreement with Lee the bond and mortgage were assigned by Gibbs to Lee, to secure him. About the time the note became due, Woodruff negotiated with Boner for the money with which to pay the note, and upon the credit of this bond and mortgage. He informed Boner of the prior and subsequent mortgages. It was arranged that Boner should let Woodruff have…
2Cited by3 opinions
- Union Bank of Brooklyn v. Schneider, New York County Courts1911
- Sherow v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1897
- De Lisle v. HerbsNew York Supreme Court · 1881