Tuthill v. . Morris
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought to restrain the defendant from selling certain premises in statutory proceedings to foreclose two mortgages thereon and to have the same adjudged to be extinguished and to require defendant to cancel the same of record, on the ground that the amount of the mortgages was duly tendered and refused. The mortgages were executed by plaintiff. The mortgagees commenced…
1Opinion of the CourtRapallo, J.
The uncontroverted evidence shows that Mr. Steers, to whom the tender relied upon by the plaintiff was made, was not the attorney in the foreclosure proceedings, nor connected with such attorney, nor the agent of Mr. Morris, except for the specific purpose for which he was employed. That his first and only connection with Mr. Morris or the fore closure was that he was requested, on behalf of Mr. Morris, to go to the place of sale and engage an auctioneer, and to attend the sale and see that it was properly conducted. It may also be inferred from the testimony that lie was instructed that the…
2Cited by47 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
- Otis v. GregoryIndiana Supreme Court · 1887
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Moore v. NormanSupreme Court of Minnesota · 1890
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