The Bank of Albion v. . Burns
New York Court of Appeals
Appeal from judgment of the late General Term of the Supreme Court in the eighth judicial district, reversing a judgment entered upon the report of a referee. (Reported below, 2 Lansing, 52.) The plaintiff brought this action to foreclose a mortgage, given by Oscar F. Burns and wife, upon property of the wife, in August, 1861, to secure the payment of $2,000, with interest thereon, according to the condition of the bond of the husband of the same date.
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Appeal from judgment of the late General Term of the Supreme Court in the eighth judicial district, reversing a judgment entered upon the report of a referee. (Reported below, 2 Lansing, 52.) The plaintiff brought this action to foreclose a mortgage, given by Oscar F. Burns and wife, upon property of the wife, in August, 1861, to secure the payment of $2,000, with interest thereon, according to the condition of the bond of the husband of the same date. The bond was conditioned for the payment of the sum named and interest thereon; one-half in three months; one-half in six months, interest on…
1Opinion of the CourtAllen, J.
The fact that the president of the bank of Albion, the mortgagee, had no actual knowledge of the ownership by Mrs. Burns of the mortgaged premises, and the resulting relationship of principal and surety between Burns, the debtor to the bank, and his wife, the mortgagor of her individual property, is not material. The debt was the debt of Burns, and was contracted by him with the plaintiff. The title of Mrs. Burns was upon record, and the plaintiff is chargeable with knowledge of it and the legal consequences resulting therefrom.
One who takes a conveyance of real property from the rightful…
2Cases cited3 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Putnam v. LewisNew York Supreme Court · 1811
- Smith v. . TownsendNew York Court of Appeals · 1862
3Cited by35 opinions
- Cross v. AllenSupreme Court of the United States · 1891
- Barnes v. . MottNew York Court of Appeals · 1876
- Henry v. SneedSupreme Court of Missouri · 1889
- Post v. LoseyIndiana Supreme Court · 1887
- Trentman v. EldridgeIndiana Supreme Court · 1884
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