Phelan v. . Brady
New York Court of Appeals
Appeal from judgment of the General Term of the .Supreme Court in the first judicial department, entered upon -an order made June 19, 1888, which affirmed a judgment in favor of defendant, dismissing plaintiff’s complaint on the merits, upon a decision of the court on trial at Special Term. The nature of the action and .the facts, so far as material,. are set forth in the opinion. The plaintiff had not constructive notice of defendant’s claim.
Read the full summary
Appeal from judgment of the General Term of the .Supreme Court in the first judicial department, entered upon -an order made June 19, 1888, which affirmed a judgment in favor of defendant, dismissing plaintiff’s complaint on the merits, upon a decision of the court on trial at Special Term. The nature of the action and .the facts, so far as material,. are set forth in the opinion. The plaintiff had not constructive notice of defendant’s claim. (Williamson v. Brown, 15 N. Y. 362, 364; Pope v. Allen, 90 id. 298, 303; Oooke v. Travis, 20 id. 400; Staples v. Fenton, 5 Hun, 172; 3 Wash, on Real…
1Opinion of the CourtO’Brien, J.
On the 23d day of July, 1886, the plaintiff loaned to the defendant John E. Murphy the sum of $2,000, and took from him his bond, whereby he promised to pay the same with interest semi-annually in two years thereafter. On the same day, and as collateral security for the payment of the bond, Murphy and his wife executed, acknowledged and delivered to the plaintiff a mortgage upon certain real .estate in the city of 27ew York. The premises thus mortgaged consisted of a tenement building, or block, containing forty-three rooms or apartments, then occupied by twenty different occupants or…
2Cases cited4 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Governeur v. LynchNew York Court of Chancery · 1830
- Tilton v. BeecherNew York Court of Appeals · 1874
- Storms v. ThornNew York Supreme Court · 1848
3Cited by89 opinions
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Marden v. . DorthyNew York Court of Appeals · 1899
- Farr v. NewmanNew York Court of Appeals · 1964
- Varon v. Trimble, Marshall & Goldman, P.C. (In Re Euro-Swiss International Corp.)United States Bankruptcy Court, S.D. New York · 1983
- Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
84 more not listed; retrieve them via the Exa API.