Booker v. Booker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James Preston- 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 Westchester.- on- the- 7th day of October, 190o, upon the decision of the court rendered after a trial at the Westchester,. Special Term. The action was to foreclose, a mortgage-.on real estate.
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Appeal by the defendants, James Preston- 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 Westchester.- on- the- 7th day of October, 190o, upon the decision of the court rendered after a trial at the Westchester,. Special Term. The action was to foreclose, a mortgage-.on real estate. Bridget -Booker died November 21st, 1897. On Juno 20th, 1890, she- executed a real estate bond and mortgage to the plaintiff, her Son, for .$300, payable' three years; after her death.- She did not deliver them to him, hut kept them…
1Opinion of the Court
Gaynor, J.:
Those claiming under the deed of conveyance put in an answer denying the mortgage and asserting their title. The learned trial judge held that the mortgage was delivered in the lifetime of the mother, the mortgagor. The delivery of the key of the box in which she kept it to the third person with instructions to get it and deliver it was a delivery. It was a delivery to him to deliver to the mortgagee, the plaintiff, and that was a good delivery to the plaintiff (Hathaway v. Payne, 34 N. Y. 92). But the trouble is that at the time of such delivery the mortgagor did not own the land,…
2Cases cited4 opinions
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Schermerhorn v. NegusCourt for the Trial of Impeachments and Correction of Errors · 1845
- Roosevelt v. ThurmanNew York Court of Chancery · 1814
3Cited by4 opinions
- Hacker v. HackerAppellate Division of the Supreme Court of the State of New York · 1912
- White v. WhiteWest Virginia Supreme Court · 1929
- In re MazzoneAppellate Division of the Supreme Court of the State of New York · 1938
- Karash v. KleinAppellate Terms of the Supreme Court of New York · 1922