Myers v. . Mutual Life Ins. Co. of N.Y.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 5, 1884," which reversed a judgment m favor of plaintiff, entered upon the report of a referee and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 5, 1884," which reversed a judgment m favor of plaintiff, entered upon the report of a referee and ordered a new trial. (Eeported below, 32 Hun, 321.1) This .action was brought by plaintiff as executrix of the estate of Austin Myers to compel defendant to reassign a bond and mortgage alleged to have been assigned by plaintiff’s testator to it as security for a loan, or in case of its inability to reassign, to pay the balance due over and above the loan. The facts so far as material are…
1Opinion of the CourtMiller, J.
The defendant held the bond and mortgage which is the subject of this controversy, as security for a loan made by it to the plaintiff’s testator. It assigned the same to Thomas B. Pitch and James M. Ellis on the 29th day of April, 1874, upon payment of the loan, in pursuance of written directions which were signed, “ Maria J. Myers, Executrix, by T. B. Pitch, Attorney.”
The question to be determined is whether Pitch had any authority as attorney and agent of the plaintiff to direct and receive, in connection with Ellis, the assignment of the bond and mortgage in controversy, or in case he had…
2Cited by10 opinions
- Hyatt v. . ClarkNew York Court of Appeals · 1890
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Mayer v. CrandallAppellate Division of the Supreme Court of the State of New York · 1955
- Hall v. GermainNew York Supreme Court · 1891
- Henry v. AllenNew York Supreme Court · 1894
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