Davenport v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Joralemon Davenport, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 24th day of June, 1911, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Hirschberg, J.:
The action is in equity for the cancellation of a satisfaction piece and for the consequent foreclosure of the real estate mort*762gage which was satisfied thereby. The defendant Mary Ann Elizabeth Palmer was the owner of certain real estate in the borough of Brooklyn upon which were two mortgages, the first for $2,200, held by one Lillian B. Barton, and the. second for $1,500, held by the defendant John Officer. About the time that the Barton mortgage became due the defendant Palmer entered into an agreement with the defendant Mary J. Mayne for the loan of $4,000, to be used in…
2Cases cited5 opinions
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Born v. First National BankIndiana Supreme Court · 1890
- Minot v. RussMassachusetts Supreme Judicial Court · 1892
- Dunn v. WhalenAppellate Division of the Supreme Court of the State of New York · 1907
- Randolph National Bank v. HornblowerMassachusetts Supreme Judicial Court · 1894
3Cited by6 opinions
- Lipten v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Welch v. Bank of the Manhattan Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Yuni v. HerscovitzAppellate Division of the Supreme Court of the State of New York · 1942
- Central Hanover Bank & Trust Co. v. MirrorNew York Supreme Court · 1935
- Railway Express Agency, Inc. v. ThomasDistrict Court, E.D. Michigan · 1933
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