Price v. Alyea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Alyea and another, from a judgment of the Supreme Court in favor of the plaintiff, entered, in the office of the clerk of the county of Hew York on the 30th day of July, 1896, upon the decision of the court rendered after a trial at the Hew York Special Term. This appeal was transferred from' the • first department to the second" department.
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Appeal by the defendants, William Alyea and another, from a judgment of the Supreme Court in favor of the plaintiff, entered, in the office of the clerk of the county of Hew York on the 30th day of July, 1896, upon the decision of the court rendered after a trial at the Hew York Special Term. This appeal was transferred from' the • first department to the second" department. The facts are that Edward B. Judson, the mortgagor, was the . owner of the property upon which the mortgage in suit was a lien. Being desirous of improving the property, he entered into an agreement with one John B. Cole…
1Opinion of the Court
Hatch, J. :.The purchase-money mortgage for the sum of $14,000, given by Judson to Cole, and by the latter assigned to the plaintiff, was unaffected by any conditions of any character or by any collateral engagements of Cole to Judson or to any other person. When plaintiff consented to discharge "that mortgage lie received no consideration for so doing, except' the mortgage of $17,000, which was made subordinate to the lien of the bank’s mortgage. The legal effect of that transaction did not change the character of the mortgage security which plaintiff received in substitution of his…
2Cases cited8 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Spring v. . ShortNew York Court of Appeals · 1882
- Jones v. ParkerWisconsin Supreme Court · 1881
- Alyea v. Citizens' Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hubbard v. LydeckerNew York Supreme Court · 1912