Smith v. . Kidd
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendants, entered upon the report of a referee. The action first above entitled was brought to foreclose a mortgage for $1,000, executed by defendant Kidd to one Hardenburgh, and assigned by the latter to plaintiff.
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Appeals from judgments of the General Term of the Supreme Court in the second judicial department affirming a judgment in favor of defendants, entered upon the report of a referee. The action first above entitled was brought to foreclose a mortgage for $1,000, executed by defendant Kidd to one Hardenburgh, and assigned by the latter to plaintiff. The second action was to foreclose a mortgage for $2,400 on the same premises executed to plaintiff by defendant McKinney, to whom said premises had been conveyed. The facts are set forth sufficiently in the opinion. George was at no time invested…
1Opinion of the CourtRapallo, J.
The judge before whom these actions were tried, has found as facts, that the mortgages sought to be foreclosed were, in March and April, 1867, paid by John McKinney, the owner of the mortgaged premises, to Thomas George, as the agent and attorney of the plaintiff, and that said George was at the time duly authorized by the plaintiff to receive the same.
The conclusion that George was, at the time of the payments in question, authorized by the plaintiff to receive the same, is based upon a preceding finding that at the time the mortgage to the plaintiff of $2,400 was executed (March 31, 1866),…
2Cases cited5 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Baldwin v. . BurrowsNew York Court of Appeals · 1872
- Doubleday v. . KressNew York Court of Appeals · 1872
- Fellows v. . NorthrupNew York Court of Appeals · 1868
3Cited by100 opinions
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- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Menendez v. Saks And CompanyCourt of Appeals for the Second Circuit · 1973
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Wynn v. GrantSupreme Court of North Carolina · 1914
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