Bostwick v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Willis G. Bostwick, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 28th day of November, 1916, upon the decision of the court, rendered after a trial before the court without a jury at the Chemung Special Term, dismissing the complaint upon the merits, and adjudging that the bond and mortgage mentioned in the complaint was null and void, and ordering the clerk of the…
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Appeal by the plaintiff, Willis G. Bostwick, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chemung on the 28th day of November, 1916, upon the decision of the court, rendered after a trial before the court without a jury at the Chemung Special Term, dismissing the complaint upon the merits, and adjudging that the bond and mortgage mentioned in the complaint was null and void, and ordering the clerk of the county of Chemung to cancel and mark void the said bond and mortgage in said clerk’s office and cancel of record the…
1Opinion of the Court
Cochrane, J.:
This is an action to foreclose a mortgage executed m the year 1895 by the trustee under the will of Eliza D. Hall. She died in the year 1894. The action is defended by one of the remaindermen of the trust estate who has also acquired the rights of the other remaindermen. The ground of the defense is that the trustee had no authority to give the mortgage.
The testatrix devised certain real estate including that subsequently covered by the mortgage herein in trust for the benefit of her son Bray D. Hall (not the defendant) and directed that the premises should be rented by the…
2Cases cited5 opinions
- Losey v. . StanleyNew York Court of Appeals · 1895
- Matter of EasterlyNew York Court of Appeals · 1911
- Matter of O'DonnellNew York Court of Appeals · 1917
- Potter v. HodgmanAppellate Division of the Supreme Court of the State of New York · 1903
- Potter v. . HodgmanNew York Court of Appeals · 1904
3Cited by3 opinions
- Kaufman v. Jared Flagg Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- King v. PelkofskiAppellate Division of the Supreme Court of the State of New York · 1965
- Spoolan Realty Corp. v. HaeblerNew York Supreme Court · 1931