Legal Opinion

The New-York Life Insurance Company v. . White

New York Court of Appeals

Decided June 5, 1858PublishedCited by 11 opinions

Appeal from the Supreme Court. The action was for the foreclosure of a mortgage, executed by Barent P. Staats and wife, July 25th, 1849, and to have a mortgage of the same premises executed by the defendants to White and Leonard, as commissioners for loaning the United States deposit fund, for the county of Albany, and bearing date August 5, 1845, for $5,000, declared a lien subsequent to the plaintiff’s mortgage.

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Appeal from the Supreme Court. The action was for the foreclosure of a mortgage, executed by Barent P. Staats and wife, July 25th, 1849, and to have a mortgage of the same premises executed by the defendants to White and Leonard, as commissioners for loaning the United States deposit fund, for the county of Albany, and bearing date August 5, 1845, for $5,000, declared a lien subsequent to the plaintiff’s mortgage. Upon the trial, at the Albany circuit, before Mr. Justice Harris, without a jury, the following facts were found: On the 5th August, 1845, and for several years afterwards, Staats…

1Opinion of the CourtDenio, J.

In the view we have taken of this case, it will not be necessary to pass upon all the questions which have been argued. We decide the case upon the single point, that the mortgage to the commissioners of loans was not so entered in the commissioners’, books as to give it a priority over subsequent incumbrancers. The judgment of the Supreme Court proceeded upon the ground of the invalidity of that mortgage, because Staats, the mortgagor and borrower, was himself one of the commissioners. We agree that it was improper for him, individually, to borrow the public moneys intrusted to him…

2Cases cited2 opinions

  1. Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
  2. Sawyer v. AdamsSupreme Court of Vermont · 1836

3Cited by11 opinions

  1. Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
  2. Gilchrist v. GoughIndiana Supreme Court · 1878
  3. Cady v. PurserCalifornia Supreme Court · 1901
  4. Purdy v. . HuntingtonNew York Court of Appeals · 1870
  5. Barnard v. CampauMichigan Supreme Court · 1874

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