Gibson v. . Thomas
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1903, -affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 7, 1903, -affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff, as the assignee of a mortgage, affecting a certain farm property through which the road of the Ulster & Delaware Railroad Company runs, sought, by this action in foreclosure, to compel the payment of - the principal sum due under the mortgage. The defense was made, in the railroad company’s answer, that the land occupied by its railroad ivas not…
1Opinion of the CourtGray, J.
The appeal presents the question of how far the plaintiff was protected, in his transaction with the holder of the mortgage, by the Recording Act. (1 R. S. 756, §§ 1, 36, 37, 38, 41.) Was he, in purchasing from her the mortgage, for the whole amount due upon it and without knowledge, actual, or constructive, of a portion of the mortgaged premises having been released, nevertheless, concluded by the fact of a partial release having been given ? If he was, then he was bound by a transaction, to which he was in nowise a party, of which he had no knowledge, and which was subsequent to the…
2Cases cited5 opinions
- Trustees of Union College v. WheelerNew York Court of Appeals · 1874
- Decker v. . BoiceNew York Court of Appeals · 1880
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
- Cavalli v. . AllenNew York Court of Appeals · 1874
- Briggs v. ThompsonNew York Supreme Court · 1895
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- Fox v. SizeLandNew York Supreme Court · 1938
- Mackenzie v. AugimeriAppellate Division of the Supreme Court of the State of New York · 1924
- Syracuse Savings Bank v. . MerrickNew York Court of Appeals · 1905
- Finn v. WellsNew York Supreme Court · 1929
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