Waterman v. . Webster
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department,- entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department,- entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. (Reported below, 33 Hun, 611.) This action was brought by the plaintiffs as beneficiaries under a mortgage executed to Jasper Waterman by the defendant Webster, for the purpose of cancelling of record a discharge of said mortgage and for the foreclosure of the mortgage, to enforce payment of the sum of $859.89, which they claimed to be due.…
1Opinion of the CourtDanforth, J.
The appeal is to succeed or fail upon the findings of the trial judge. From those it appears as a fact that the payment of the mortgage was made by Webster to Jasper Waterman; that he had no authority to receive it; that it was wrongful and unwarranted, and, therefore, gave no support to the satisfaction or discharge which he signed and delivered to Webster. Against the conclusion of the trial judge the appellant contends (1), that the only parties to the mortgage were Webster and Jasper Waterman; and (2), that even if the mortgage was in whole or in part for the benefit of the plaintiffs,…
2Cases cited5 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Swift v. SmithSupreme Court of the United States · 1880
- McPherson v. . RollinsNew York Court of Appeals · 1887
- The People v. . NortonNew York Court of Appeals · 1853
- Brown v. CherryNew York Supreme Court · 1870
3Cited by6 opinions
- Goldstein v. GoldAppellate Division of the Supreme Court of the State of New York · 1984
- City Bank of Wheeling v. BryanWest Virginia Supreme Court · 1915
- In re Fitzgibbons' EstateMichigan Supreme Court · 1910
- Thomas v. ZahkaNew York Supreme Court · 1917
- Kuehnle v. MalinoskiAppellate Division of the Supreme Court of the State of New York · 1945
1 more not listed; retrieve them via the Exa API.