Fisk v. Potter
New York Court of Appeals
John Fisk sued the Canandaigua & Niagara Falls Railroad Company, Isaac Seymour, Robert B. Potter, Joseph Fishes and William Brown, in the supreme court, to enfore an equitable lien for the purchase money of land sold by the plaintiff to the company, defendants.
Read the full summary
John Fisk sued the Canandaigua & Niagara Falls Railroad Company, Isaac Seymour, Robert B. Potter, Joseph Fishes and William Brown, in the supreme court, to enfore an equitable lien for the purchase money of land sold by the plaintiff to the company, defendants. The railroad company, a corporation organized in 1851 (undef the general railroad law), in order to raise money to aid in the acquisition of lands and construction of its road from Canandaigua to Suspension Bridge, on March 17,1852, executed a mortgage to Isaac Seymour and another, as trustees, to secure an issue of bonds amounting to…
1Opinion of the CourtPotter, J.
This case calls for the determination of one of the nicest questions of the law of natural equity. The plaintiff claims an equitable lien upon certain premises for unpaid purchase money. The defendants claim as purchasers under a foreclosure and sale of a mortgage, given to Iona fide mortgagees. The facts and circumstances surrounding this, case, as connected with the claims of both parties, are peculiar and unusual. They are an exception to, and a departure from, the ordinary dealings of parties making such claims, or defending against them. The inquiry, therefore, whether the plain tiff’s…
2Cases cited4 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Garson v. GreenNew York Court of Chancery · 1814
- Hare v. Van DeusenNew York Supreme Court · 1860
3Cited by2 opinions
- United States Mortgage & Trust Co. v. Eastern Iron Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Hazeltine v. MooreNew York Supreme Court · 1880