Ellis v. . Horrman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action to foreclose a mortgage executed by defendant Salome Eleepfel to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This was an action to foreclose a mortgage executed by defendant Salome Eleepfel to plaintiff. On the 23d of June, 1874, the plaintiff sold and conveyed to said defendant between one and two acres of land with the buildings thereon, constituting a tavern stand situate at Plessis, in the township of Alexandria, in the county of Jefferson, for…
1Opinion of the CourtTracy, J.
The defendant was beaten in the court below upon two grounds, either of which, if sustained, is fatal to his defense. First. That at the time of the execution of the mortgage by Mrs. Kleepfel to the defendant, “ facts and circumstances had been brought to his (defendant’s) knowledge relating to said Mrs. Kleepfel’s purchase of the mortgaged premises of the plaintiff and of the unpaid balance by her of the purchase-price, and the plaintiff’s lien on the premises therefor, and the existence of his mortgage thereon, sufficient to put him, a man of ordinary prudence and discretion, upon inquiry,…
2Cases cited6 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Grimstone v. CarterNew York Court of Chancery · 1831
- Jackson ex dem. Merrick v. PostNew York Supreme Court · 1836
- Reed v. . GannonNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Swift v. WilliamsCourt of Appeals of Maryland · 1888
- Indiana, Bloomington & Western Railway Co. v. McBroomIndiana Supreme Court · 1888
- Schweiss v. WoodruffMichigan Supreme Court · 1889
- Gale v. ShillockSupreme Court Of The Territory Of Dakota · 1886
- Seger v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
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