Rochester Savings Bank v. . Averell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed January 2, 1874, by the Ontario Iron Company, a corporation organized under the General Manufacturing Act upon its real estate to secure a bond executed by that company, and by certain others of the defendants. These securities were given to secure a loan of $10,000 made by plaintiff to…
1Opinion of the CourtAndrews, J.
The savings bank mortgage is dated January 2, 1874, and was recorded January 21, 1874. The Bean mortgage is dated May 9, 1877, and was recorded May 12, 1877. The consideration of both mortgages was money loaned by the respective mortgagees to the Ontario Iron Company at their dates respectively. ' The money in both cases was procured by the mortgagor to be used in paying debts of the company, and was actually applied to that purpose. In one respect the situation of the respective mortgagees was unlike. The savings bank had no interest in having the debts discharged which were paid out of the…
2Cases cited4 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Vail v. . HamiltonNew York Court of Appeals · 1881
- Suydam, Reed & Co. v. ClarkThe Superior Court of New York City · 1848
3Cited by42 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
- Martin v. Niagara Falls Paper Manufacturing Co.New York Court of Appeals · 1890
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
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