City of Buffalo v. . Balcom
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made November 29, 1886, which modified and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtBrown, J.
This action was brought to foreclose a mortgage upon real estate in the city of Buffalo. Certain taxes which had been imposed by the plaintiff upon the lands of the mortgagor, Philo A. Balcom, remaining unpaid, said lands were sold, and at the sale in default of bidders struck off to the city, and certificates of sale issued to it pursuant to the charter. The consideration of the mortgage and the hond accompanying it was the cancellation of such certificates.
The question presented is whether the mortgage is valid.
The appellant contends that as the purpose of the contract was to secure the…
2Cases cited5 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Rutland & Burlington Railroad v. ProctorSupreme Court of Vermont · 1856
3Cited by26 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Vought v. Eastern Building & Loan Ass'nNew York Court of Appeals · 1902
- Coit v. City of Grand RapidsMichigan Supreme Court · 1898
- Eastern Building and Loan Assn. v. WilliamsonSupreme Court of the United States · 1903
- Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
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