Ebling Brewing Co. v. Gennaro
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Ebling Brewing Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of November, 1917, upon the decision of the court "after a trial at the Westchester Special Term dismissing the complaint against the defendant Isabella Dennison.
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Appeal by the plaintiff, The Ebling Brewing Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of November, 1917, upon the decision of the court "after a trial at the Westchester Special Term dismissing the complaint against the defendant Isabella Dennison. This action was to foreclose a mortgage for $1,500 given by Eugenia Gennaro to the plaintiff on the 15th of January, 1912, and recorded on the nineteenth of January in that year. On the 14th of July, 1911, Robert Dennison and his wife…
1Opinion of the Court
Blackmar, J.:
The question presented on this appeal is whether a purchaser or mortgagee of real property for a valuable consideration is chargeable with constructive notice of the recitals of an unrecorded deed in the chain of his title. Defendants Dennison had a purchase-money mortgage prior in point of time to that of the plaintiff; but plaintiff’s mortgage was first recorded. By virtue of the Recording Act (Real Prop. Law, § 291) plaintiff’s mortgage is a prior lien provided that plaintiff is a mortgagee in good faith. If plaintiff had notice, actual or constructive, of the prior unrecorded…
2Cases cited8 opinions
- Acer v. . WestcottNew York Court of Appeals · 1871
- Stoddard v. . HartNew York Court of Appeals · 1861
- Sweet v. . HenryNew York Court of Appeals · 1903
- Dusenbury v. . HulbertNew York Court of Appeals · 1875
- Hamilton Trust Co. v. . ClemesNew York Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Page v. Fees-Krey, Inc.Supreme Court of Colorado · 1980
- Flyer v. SullivanAppellate Division of the Supreme Court of the State of New York · 1954
- O'Reilly v. McLeanUtah Supreme Court · 1934
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
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