Waterbury v. Tucker & Carter Cordage Co.
New York Court of Appeals
Appeal from a judgment and order of the General Term of the Supreme Court in the second judicial department, entered respectively December 9 and December 2, 1895, affirming interlocutory and final judgments of foreclosure and sale, also affirming an order overruling the defendants’ exceptions to the report of a referee appointed to ascertain and determine whether the mortgaged property should be sold together or in parcels, and affirming an order which awarded the plaintiffs…
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Appeal from a judgment and order of the General Term of the Supreme Court in the second judicial department, entered respectively December 9 and December 2, 1895, affirming interlocutory and final judgments of foreclosure and sale, also affirming an order overruling the defendants’ exceptions to the report of a referee appointed to ascertain and determine whether the mortgaged property should be sold together or in parcels, and affirming an order which awarded the plaintiffs an extra allowance of two thousand dollars costs. The action was to foreclose a mortgage upon real and personal…
1Opinion of the CourtMartin, J.
The mortgage in suit was given to Julia Waterbury to secure the sum of one hundred thousand dollars loaned by her to the Tucker & Carter Cordage Company to pay a prior mortgage upon the mortgaged premises for that amount. After her death John S. Ellis, who was the executor of her estate, assigned the mortgage to the plaintiffs as executors of the estate of Lawrence Waterbury, deceased. The consideration for the assignment was the amount secured by the mortgage, which Avas paid by canceling a debt of eiglity-five thousand dollars which the estate of Julia Waterbury Avas owing to the estate of…
2Cases cited2 opinions
- Hunt v. . ChapmanNew York Court of Appeals · 1875
- Huntington v. MooreNew York Supreme Court · 1891
3Cited by1 opinion
- Long Island Loan & Trust Co. v. Long Island City & Newtown RailroadAppellate Division of the Supreme Court of the State of New York · 1903