Hoy v. Bramhall
Supreme Court of New Jersey
The defendant, Bramhall, in 1861, was the owner of a tract of land in Hudson, which had been laid off in town lots, marked on a plot called map of Sherwood, Hudson county, New Jersey.
Read the full summary
The defendant, Bramhall, in 1861, was the owner of a tract of land in Hudson, which had been laid off in town lots, marked on a plot called map of Sherwood, Hudson county, New Jersey. Being indebted to the Mechanics and Traders Bank of Jersey Oity, for discounts at the bank, he executed and delivered to the bank, on the 15th of May, 1861, a bond and mortgage for the sum of $10,000, as collateral security for his then indebtedness, and also for any further indebtedness that might occur. On the 19th of February, 1866, the bank, at the request of Bramhall, assigned the bond and mortgage to James…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The rights of the complainant must be considered in a two-fold aspect: first, as against Bramhall, the original mortgagor; and, secondly, as those rights are affected by the equities of the defendant, Worthington.
First. As regards the rights of the complainant against Bramhall. The assignment by the bank to the complainant of the bond and mortgage, is absolute, and assigns, transfers, and sets over to him the mortgaged premises, and the bond and all moneys due and to become due thereon.
The assignment was made at the instance of Bramhall, who…
2Cases cited7 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- Ferris v. CrawfordNew York Supreme Court · 1845
- Governeur v. LynchNew York Court of Chancery · 1830
- Jumel v. JumelNew York Court of Chancery · 1839
- Fulton v. RoseveltNew York Court of Chancery · 1828
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- Hagan v. Sabal Palms, Inc.District Court of Appeal of Florida · 1966
- Reeves v. CordesNew Jersey Court of Chancery · 1931
- Kutschinski v. ThompsonNew Jersey Court of Chancery · 1927
- Scult v. Bergen Valley Builders, Inc.New Jersey Superior Court Appellate Division · 1962
9 more not listed; retrieve them via the Exa API.