King v. Briarwood Land Co. of Jamaica
New York Supreme Court
Action by Charles E. King, jr., against the Briarwood Land Company of Jamaica and others, to foreclose a mortgage. Decree of dismissal as to a part of defendants, and decree of foreclosure as to the others.
1Opinion of the CourtJaycox, J.
The making and delivery of the mortgage sought to be foreclosed is admitted, but the answering defendants claim that the mortgage is paid. The determination of this question depends upon the interpretation to be placed upon the transaction when the one-half interest was assigned in blank by Arthur J. Waldron and Fanny G. Lynch, in which assignment plaintiff’s assignor subsequently inserted his own name. Was that transaction the payment of the mortgage, or the purchase of it?
At that time the Briarwood Land Company was the owner of the premises described in the complaint and other lands. The…
2Cases cited15 opinions
- Conrow v. . LittleNew York Court of Appeals · 1889
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Bogert v. . BlissNew York Court of Appeals · 1896
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