Goettlicher v. Wille
New York Supreme Court
Action to determine title to a bond and mortgage.
1Opinion of the CourtCrane, J.
The bond and mortgage executed on March 18, 191Ó, by Michael Then and Theresa Then to Agnes T. Madden for $3,000, immediately came into the possession of Constantine T. Timonier, a lawyer, who was the real mortgagee in interest, Agnes T. Madden being a typewriter in his office. On May 23, 1910, Timonier sold this bond and mortgage to Carolina Wille by delivering to her a written assignment thereof, the original bond and a forged mortgage.
The transfer of the bond carried with it the mortgage given to secure it, and the fact that Timonier retained the original mortgage in no way interfered with…
2Cases cited6 opinions
- Merritt v. . BartholickNew York Court of Appeals · 1867
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Decker v. . BoiceNew York Court of Appeals · 1880
- Fonda v. SageNew York Supreme Court · 1866
- Fonda v. . SageNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)United States Bankruptcy Court, S.D. New York · 1992
- Provident Bank v. Community Home Mortgage Corp.District Court, E.D. New York · 2007
- Hilton v. U.S. Bank (In re Hilton)United States Bankruptcy Court, N.D. New York · 2016
- Denniston v. CommissionerUnited States Board of Tax Appeals · 1938
- Goettlicher v. WilleAppellate Division of the Supreme Court of the State of New York · 1913