Kendall v. . Woodruff
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court, in the city,of New York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at Special Term. This was an action for the foreclosure of a mortgage to the extent of a balance of $1,770, claimed to be-still due upon it.
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Appeal from judgment of the G-eneral Term of the Superior Court, in the city,of New York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at Special Term. This was an action for the foreclosure of a mortgage to the extent of a balance of $1,770, claimed to be-still due upon it. The mortgage originally covered eleven lots, but foreclosure is prayed for only against a certain lot owned by the defendants Woodruff, Conklin & Bayer, who are the only litigating defendants. On the 6th of October, 1877,…
1Opinion of the Court
Folger, Ch. J.
The facts, as they appear of record in the register’s office, arc as follows. Kendall conveyed the premises, being eleven lots, to Niebuhr. Niebuhr gave a mortgage to the insurance company for $44,000. He then gave a mortgage to Kendall for $11,220. He then gave a deed to the defendants for one of the eleven lots. When this deed was given to them, they had constructive notice of the two mortgages, and that they were upon the eleven lots, and consequently took the lot conveyed to them with a contingent liability upon it for the payment of the whole of those mortgages. This…
2Cases cited1 opinion
- Patty v. PeaseNew York Court of Chancery · 1840
3Cited by4 opinions
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- Ross v. VernamAppellate Division of the Supreme Court of the State of New York · 1896
- Constant v. American Baptist Home Mission SocietyThe Superior Court of New York City · 1886