Purdy v. . Huntington
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the seventh district, granting a new trial, and reversing a judgment in favor of the plaintiff’s intestate, entered upon the report of Honorable Addison Gardiner, referee. This action was brought to foreclose a mortgage given by Joseph S. Mitchell to Minott Mitchell and assigned by him to the plaintiff’s intestate.
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Appeal from an order of the General Term of the Supreme Court in the seventh district, granting a new trial, and reversing a judgment in favor of the plaintiff’s intestate, entered upon the report of Honorable Addison Gardiner, referee. This action was brought to foreclose a mortgage given by Joseph S. Mitchell to Minott Mitchell and assigned by him to the plaintiff’s intestate. The issues joined therein were referred for trial and decision to Addison Gardiner, from whose findings the following facts appear. The mortgage and a bond accompanying it bear date the 4th day of June, 1855, and were…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It was claimed by the defendant, Calvin Huntington, in his answer and on the trial, that the mortgage in question was merged in the conveyance from Joseph S. Mitchell, the mortgagor, to Minott Mitchell, the mortgagee, after its maturity, and was thereby discharged and ceased to be a lien, and if not so merged then, that he was to be protected as a bonafide purchaser of the mortgaged premises without notice of the assignment of the mortgage to the plaintiff's…
2Cases cited5 opinions
- Reed v. MarbleNew York Court of Chancery · 1843
- Campbell v. VedderNew York Court of Appeals · 1866
- Brown v. DeanNew York Supreme Court · 1829
- The New-York Life Insurance Company v. . WhiteNew York Court of Appeals · 1858
- New-York Life Insurance & Trust Co. v. SmithNew York Court of Chancery · 1847
3Cited by32 opinions
- Greene v. . WarnickNew York Court of Appeals · 1876
- Curtis v. . MooreNew York Court of Appeals · 1897
- Wilson v. CampbellMichigan Supreme Court · 1896
- Reeves v. HayesIndiana Supreme Court · 1884
- Westbrook v. . GleasonNew York Court of Appeals · 1879
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