Hardin v. Dolge
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Herkimer county. Action by George A. Hardin, as trustee, against Alfred Dolge and others. From a judgment for plaintiff, defendants Walter N. Kernan, as assignee of defendant Dolge, and Albert M. Mills, as receiver of the firm of Alfred Dolge & Son, appeal. Affirmed.
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Appeal from special term, Herkimer county. Action by George A. Hardin, as trustee, against Alfred Dolge and others. From a judgment for plaintiff, defendants Walter N. Kernan, as assignee of defendant Dolge, and Albert M. Mills, as receiver of the firm of Alfred Dolge & Son, appeal. Affirmed. This action was brought upon the 22d day of April, 1898, to foreclose a mortgage executed by the defendants Alfred Dolge and Auguste Anna Dolge, his wife, on the 16th day of July, 1893, to the plaintiff, George A. Hardin, as trustee, to secure three bonds, of 8100,000 each, executed by Alfred Dolge, and…
1Opinion of the CourtAdams, J.
As incidental to the main contention of the defendants’ counsel, it is urged that the property covered by the mortgage in suit is not the property of the mortgagor, but of the firm of Alfred Dolge & Son, and upon these assumed premises it is argued that such mortgage is a lien upon only the individual interest of the member of the firm who executed the same. Without entering into any extended discussion of this proposition, we think it is sufficiently answered by the fact, conceded upon the trial, that at the date of the mortgage the record title to the property embraced therein was in Alfred…
2Cases cited22 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
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