Herriman v. Skillman
New York Supreme Court
THIS action was brought to foreclose a mortgage made by the defendant Bannon. The defendants, other than Ban-non, were made parties as subsequent incumbrancers.
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THIS action was brought to foreclose a mortgage made by the defendant Bannon. The defendants, other than Ban-non, were made parties as subsequent incumbrancers. On the 18th September, 1855, the plaintiffs held certain promissory notes made or indorsed by the defendant Bannon, which they had discounted for him, amounting to $24,260.74. To secure payment of these notes, and of the renewals thereof, Bannon executed a mortgage (to foreclose which this suit was brought) on the 18th September, 1855. The plaintiffs, at the time, held as collateral security for payment of these notes, certain “street…
1Opinion of the Court
By the Court,
Brown, J.
It is material to a right understanding of the questions involved in this action to notice the dates of the liens of the two banks upon the mortgaged premises, and the time of the agreement made by Timothy Bannon, the mortgagor, with the Long Island Bank, in regard to the drafts or orders designated in the pleadings and proofs as the street securities. The mortgage to the latter bears date, and was made, on the 18th of September, 1855, *381and its purpose was to secure to the bank the payment of certain promissory notes which it had discounted for the use and benefit of…
2Cases cited1 opinion
- Evertson v. BoothNew York Supreme Court · 1822
3Cited by7 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- Hudkins v. WardWest Virginia Supreme Court · 1887
- Jenkins v. SmithNew York Supreme Court · 1897
- People v. E. Remington & SonsNew York Supreme Court · 1889
- Jenkins v. SmithNew York Supreme Court · 1897
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