Heermans v. . Clarkson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This action was brought by plaintiff as trustee of the estate of Joseph Fellows to set aside a satisfaction and discharge of a bond and mortgage, and to foreclose said mortgage.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendants, entered upon a decision of the court at Special Term. This action was brought by plaintiff as trustee of the estate of Joseph Fellows to set aside a satisfaction and discharge of a bond and mortgage, and to foreclose said mortgage. The bond and mortgage in question were executed by defendants Clarkson and wife to said Joseph Fellows, who thereafter by trust deed conveyed his property, real and personal, to plaintiff, including said bond and mortgage. In…
1Per curiam
The authority given to the receiver by the 'supplementary order of June 2, 1870, was broad enough to authorize him to receive the money unpaid on mortgages held by him as receiver, whether due or not, at the time of the payment. By that order he was authorized and empowered “to execute and acknowledge for record formal satisfaction and discharge of all real estate mortgages which came to him as receiver, upon payment to or collection by him thereof, or of debts the payment of which they are given to secure.”
The mortgage executed by Clarkson was, as is found by the court upon evidence…
2Cited by6 opinions
- Schermerhorn v. FarleyNew York Supreme Court · 1890
- Reese v. ResburghAppellate Division of the Supreme Court of the State of New York · 1900
- Dort v. NickenNew York Supreme Court · 1889
- Drake v. BellAppellate Division of the Supreme Court of the State of New York · 1899
- Fatta v. EdgertonNew York Supreme Court · 1912
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