Cohoes Co. v. Goss
New York Supreme Court
This action was brought to foreclose a mortgage. The -facts on the part of the plaintiffs were, that on the 24th day of November, 1847, the defendant, Charles F. Gross, executed to the plaintiffs a bond in the penalty of $28,000, conditioned to pay $14,000 in ten years, with annual interest, and $200 of the principal on the first day of April in each year; and at the same time he executed to the plaintiffs a mortgage with a like condition, as collateral security for the…
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This action was brought to foreclose a mortgage. The -facts on the part of the plaintiffs were, that on the 24th day of November, 1847, the defendant, Charles F. Gross, executed to the plaintiffs a bond in the penalty of $28,000, conditioned to pay $14,000 in ten years, with annual interest, and $200 of the principal on the first day of April in each year; and at the same time he executed to the plaintiffs a mortgage with a like condition, as collateral security for the payment of the sum mentioned in the condition of the bond. On the same day the plaintiffs assigned the said bond and…
1Opinion of the Court
By the Court, Cady, J.
The only question is, did the judge before whom the cause was tried, err in deciding that the defendant, Bentley, had not shown a regular foreclosure of the mortgage, nor shown such a state of facts as estopped the plaintiffs from insisting that the mortgage had not been regularly foreclosed 1 If he did not err in so deciding, then he certainly did not err in directing the jury to find a verdict for the plaintiffs. The evidence in the cause shows that at the time the defendant alledges that he purchased the mortgaged premises, the comptroller was the assignee of the bond…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- McWhorter v. McMahanNew York Court of Chancery · 1843
- Arnot v. McClureNew York Supreme Court · 1847
3Cited by10 opinions
- Bunce v. ReedNew York Supreme Court · 1853
- Tuthill v. . TracyNew York Court of Appeals · 1865
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
- Howard v. HatchNew York Supreme Court · 1859
- Weir v. BirdsallAppellate Division of the Supreme Court of the State of New York · 1898
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