Hamilton Trust Co. v. Clemes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gr. Hector Ciernes and others, from a judgment of the Supreme Court in favor of - the plaintiff, entered-in the office of the clerk- of the county of Warren on the 15 th day of September, 1896, upon the decision of the court rendered after a trial at the Warren Special Term. The defendant, the IToricon Improvement Company, the mortgagor, made no defense; the appellants are judgment creditors of the mortgagor, with judgments junior to the mortgage.
Read the full summary
Appeal by the defendants, Gr. Hector Ciernes and others, from a judgment of the Supreme Court in favor of - the plaintiff, entered-in the office of the clerk- of the county of Warren on the 15 th day of September, 1896, upon the decision of the court rendered after a trial at the Warren Special Term. The defendant, the IToricon Improvement Company, the mortgagor, made no defense; the appellants are judgment creditors of the mortgagor, with judgments junior to the mortgage. Their defenses insisted upon here were : (1) That the IToricon Improvement Company never authorized the execution of the…
1Opinion of the Court
Landon, J.:
The findings of the trial judge, in effect, negative the charge of fraud in the issue of the mortgage and the bonds. The evidence does not support the charge of fraud, but justifies the finding that, •as between mortgagor and mortgagee and the bondholders, the mortgage and bonds were honestly issued as security for the payment of honest obligations. It seems to be elementary justice that a contractor who has added his own property, money and labor, of more than $150,000 in amount, to the real estate of another under a contract with him that he should be secured by a mortgage upon…
2Cases cited8 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- People v. MitchellNew York Court of Appeals · 2004
- Wheeler v. . MillarNew York Court of Appeals · 1882
- Davidson v. . Westchester Gas-Light Co.New York Court of Appeals · 1885
- Welch v. Importers & Traders' National BankNew York Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Hamilton Trust Co. v. . ClemesNew York Court of Appeals · 1900
- Atlantic Trust Co. v. Crystal Water Co. of EdgewaterAppellate Division of the Supreme Court of the State of New York · 1902
- Dock & Coal Co. v. JustinDistrict Court, N.D. New York · 1916
- Atlantic Trust Co. v. Crystal Water Co.Appellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.