Meyer v. . Lathrop
New York Court of Appeals
Appeal on the part of defendant Lathrop from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. ("Reported below, 10 Hun, 66.) This action was brought to foreclose four mortgages of $3,060 each, made by the defendant Fickett to one Herbert, and assigned first to Beckwith and then to the plaintiff.
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Appeal on the part of defendant Lathrop from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. ("Reported below, 10 Hun, 66.) This action was brought to foreclose four mortgages of $3,060 each, made by the defendant Fickett to one Herbert, and assigned first to Beckwith and then to the plaintiff. The premises covered by the mortgages were conveyedhy Fickett to James A. Williamson, who assumed the payment of the mortgages. On the 19th day of June, 1874, when Williamson was the…
1Opinion of the CourtMiller, J.
The right of the plaintiff to recover in this action depends upon the construction to be placed upon the transaction which took place between the plaintiff and Williamson, the former owner of the mortgaged premises, on the 19th day of June, 1874. The plaintiff, who was then the holder of the mortgages, the title to which is involved in this action, received from Williamson twelve promissory notes of |1,000 each, payable at different times, and executed back and delivered to said Williamson an instrument by which he acknowledged that he received said notes, as per memorandum, and which…
2Cases cited1 opinion
- Rider v. . PowellNew York Court of Appeals · 1863
3Cited by20 opinions
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- McCourt v. Singers-BiggerCourt of Appeals for the Eighth Circuit · 1906
- Benderson Development Co. v. Schwab Bros. Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Brandwein v. Provident Mutual Life InsuranceNew York Court of Appeals · 1957
- Feigen v. Green Harbour Beach Club, Inc.New York Supreme Court · 1960
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