Mitchell v. . Cook
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where a decree of foreclosure had been affirmed. This was a bill in equity, filed in the late court of chancery, for the foreclosure of a mortgage for $1400, gived by the defendants, Cook and wife, to Elisha Crawford, on the 4th September 1845, and subsequently assigned to the plaintiff.
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Appeal from the general term of the Supreme Court, in the second district, where a decree of foreclosure had been affirmed. This was a bill in equity, filed in the late court of chancery, for the foreclosure of a mortgage for $1400, gived by the defendants, Cook and wife, to Elisha Crawford, on the 4th September 1845, and subsequently assigned to the plaintiff. On the 4th September 1845, the defendants borrowed from the White Plains Bank, of which Elisha Crawford was president, and Richard Cadmus, cashier, the sum of $1400, and gave the mortgage in question, accompanied by the husband’s bond,…
1Opinion of the CourtWelles, J.
The bond and mortgage in question were
assigned to the comptroller, on the 5th day of September 1844, by Elisha Crawford, the mortgagee, who was then the president *of the White Plains Bank; ., ^ the object of which assignment, as therein de- *- dared, being to secure the redemption of the circulating notes of said bank. The evidence then shows, that upon receiving the bond and mortgage so assigned, and a written admission by Cook, the mortgagor, of his indebtedness to the mortgagee in the amount to secure which the bond and mortgage were executed, and of his having received notice of the…
2Cases cited1 opinion
- Mitchell v. CookNew York Supreme Court · 1859
3Cited by1 opinion
- Mitchell v. CookNew York Court of Appeals · 1852