Mutual Life Insurance v. Yates County National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tlie Mutual Life Insurance Company of New York, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 26th day of July, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term, stating concisely the grounds upon which the issues were decided, as adjudges and decrees “ that the complaint herein be and the same hereby is dismissed as against the defendant, The…
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Appeal by the plaintiff, Tlie Mutual Life Insurance Company of New York, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Monroe on the 26th day of July, 1897, upon the decision of the court rendered after a trial at the Monroe Special Term, stating concisely the grounds upon which the issues were decided, as adjudges and decrees “ that the complaint herein be and the same hereby is dismissed as against the defendant, The Yates County National Bank of Penn Yan, and that said defendant recover of the plaintiffs herein the sum of sixty-six…
1Opinion of the Court
Follett, J.:
All the defendants except the Yates County National Bank made default, and a judgment was entered foreclosing the mortgages and *221for any deficiency that might arise on the sale of the premises against the defaulting defendants, who had covenanted to pay the mortgage debt. The Yates County Hational Bank defended the demand for a judgment against it for any deficiency that might arise on the sale of the mortgaged premises on three grounds:(1) That there was no consideration for its bond.(2) That its president, who executed the bond, had no authority to execute it.(3) That it was…
2Cases cited11 opinions
- Hoyt v. . ThompsonNew York Court of Appeals · 1851
- Crumlish v. Railroad Co.West Virginia Supreme Court · 1889
- Lovett v. Steam Saw Mill Ass'nNew York Court of Chancery · 1836
- Northern Central Railway Co. v. BastianCourt of Appeals of Maryland · 1860
- Prime v. . KoehlerNew York Court of Appeals · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Gein v. LittleNew York Supreme Court · 1904
- Recknagel v. SteinwayAppellate Division of the Supreme Court of the State of New York · 1901
- White v. SheppardAppellate Division of the Supreme Court of the State of New York · 1899
- Parsons v. TellerAppellate Division of the Supreme Court of the State of New York · 1906