Warren v. . Union Bank of Rochester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1898, upon an order reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and granting a new trial. This action was to set aside proceedings to mortgage certain real estate of the infant plaintiff, including the mortgage as a part of such proceeding.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1898, upon an order reversing a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, and granting a new trial. This action was to set aside proceedings to mortgage certain real estate of the infant plaintiff, including the mortgage as a part of such proceeding. The mortgage was executed on behalf of the infant by his special guardian appointed in that proceeding, was payable to Gilman H. Perkins, and by him assigned to the Union…
1Opinion of the CourtMartin, J.
It is obvious that the sole purpose and object of the proceeding to mortgage the infant’s real estate was to obtain about twenty-five thousand dollars with which to pay the debt of Holmes B. Stevens to the defendant bank. It is equally apparent .that the proceeding was commenced and continued, to its conclusion and that the assignment of the mortgage to the bank was made, under and in pursuance of an agreement between the officers of the bank and the general guardian that the real estate of the infant should be mortgaged to secure the debt of the former, and that the mortgage thus obtained…
2Cases cited30 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Field v. SchieffelinNew York Court of Chancery · 1823
- Deobold v. . OppermannNew York Court of Appeals · 1888
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3Cited by41 opinions
- Leeb v. Guy (In Re Guy)United States Bankruptcy Court, N.D. Indiana · 1988
- Orr v. Kinderhill Corp.Court of Appeals for the Second Circuit · 1993
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Bell v. BellArizona Supreme Court · 1934
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
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