Williams v. Walker
New York Court of Chancery
This was a bill to foreclose a mortgage on a house and lot in the city of New York, executed by Joannah Walker to Isaac Halsey, together with her bond, to secure the sum of $1700, dated November 24th, 1832. The bond and mortgage were assigned by Halsey to the complainant on the 20th of May, 1833, after three hundred dollars of the principal had been paid and indorsed. Notice of the assignment was at once given to Mrs. Walker.
Read the full summary
This was a bill to foreclose a mortgage on a house and lot in the city of New York, executed by Joannah Walker to Isaac Halsey, together with her bond, to secure the sum of $1700, dated November 24th, 1832. The bond and mortgage were assigned by Halsey to the complainant on the 20th of May, 1833, after three hundred dollars of the principal had been paid and indorsed. Notice of the assignment was at once given to Mrs. Walker. The bill claimed that the remaining $1.400 was due, with arrears of interest. The answer set up that the whole mortgage had been paid, both principal and interest, to…
1Opinion of the Court
The Assistant Vice-Chancellor.
Mrs. Walker has paid to E. A. Bancker the whole principal sum secured by this mortgage, and no part of it has been received by Miss Williams, to whom the mortgage belonged. The money appears to be irretrievably lost, and the question is upon which of these parties must the loss be imposed.
It is contended on the part of Mrs. Walker that Bancker was the agent and solicitor of Miss Williams, and that Mrs. Walker was warranted by his apparent authority, in paying to him the principal, as well as the interest of the mortgage.
About the time when the mortgage was…
2Cited by3 opinions
- Western Security Co. v. DouglassWashington Supreme Court · 1896
- Hatfield v. ReynoldsNew York Supreme Court · 1861
- L. M. Rumsey & Co. v. SchmitzSupreme Court of Kansas · 1875