Lumber Exchange Bank v. Miller
New York Supreme Court
• An action to foreclose a ■ mortgage made and executed by the defendant George O. Miller to the defendant'Albert W. Story.
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• An action to foreclose a ■ mortgage made and executed by the defendant George O. Miller to the defendant'Albert W. Story. This mortgage was given to secure the payment of two notes made by the mortgagor, for $500 each, payable to the order of the mortgagee, as is recited in his bond accompanying the mortgage, all of the said instruments bearing date October 1, 1892. Before the notes matured the same were sold and transferred by the said.Story, the payee, one to the plaintiff and the other to the defendants Evans, McLaren, Kent, Sinclair and Rann, doing business as bankers under the…
1Opinion of the CourtWoodward, J.
At the time of the commencement of this action, the plaintiff being the owner of one of the notes made by. the mortgagor, Miller, which the mortgage to Story was given to *130secure, the plaintiff, had a perfect lien on the premises and its right to maintain this action cannot be questioned.
The defendant The Wayne Building & Loan Association, by virtue of the-several mortgages executed .by Miller, the owner of the premises, has also a perfect lien on the premises, and was properly made a party defendant, whether such lien be prior or subsequent to the plaintiff’s lien.
The only question presented…
2Cases cited6 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Bruse v. NelsonSupreme Court of Iowa · 1872
- Barnes v. CamackNew York Supreme Court · 1847
- Hyde v. TannerNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- First Palmetto Savings Bank, F.S.B. v. PatelCourt of Appeals of South Carolina · 2001
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