Lawton v. Sager
New York Supreme Court
This case was heard upon exceptions to the report of a referee to whom it had been referred, to ascertain the priorities of the several claims to the surplus moneys arising from the sale of the mortgaged premises in this cahse, and who were entitled to such surplus moneys.
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This case was heard upon exceptions to the report of a referee to whom it had been referred, to ascertain the priorities of the several claims to the surplus moneys arising from the sale of the mortgaged premises in this cahse, and who were entitled to such surplus moneys. The surplus moneys amounted to $315,61. The referee reported that John W. Hallenheck was entitled to $122 of that sum — that Casper P. Collier was entitled to $106,78, and that the balance of the surplus, amounting to $86,83, belonged to Darius Howland. The claimant Howland excepted to the report, on the ground that he had…
1Opinion of the CourtHarris, J.
The deed of assignment is valid upon its face, and absolute. That it was duly executed by Sager, is not denied; nor is it denied that it was delivered to Howland, the grantee. The only question of fact in the case is, whether such delivery was absolute or conditional From a hasty examination of the mass of testimony in the case, I am inclined to think the referee has erred in his conclusion upon this question; but whether he has or not, I do not deem it necessary to decide.
A deed can only be delivered as an escrow to a third person. If it be intended that it shall not take effect until some…
2Cases cited1 opinion
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
3Cited by16 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Wallace v. . BerdellNew York Court of Appeals · 1884
- Williams v. HigginsSupreme Court of Alabama · 1881
- Haworth v. NorrisSupreme Court of Florida · 1891
- Braman v. . BinghamNew York Court of Appeals · 1863
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