Tarbell v. . West
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 5, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 5, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed by defendant Bradley to the plaintiff, of all the mortgagor’s “ right, title and interest individually, and as a member of the firm of West, Bradley & Cary, in and to ” certain real estate described; “also all the engines, boilers, machinery, fixtures and other property ” in the buildings on…
1Opinion of the CourtAndrews, J.
The plaintiff, when he took his mortgage, had notice that the mortgaged property, was partnership assets, of West, Bradley & Cary. The mortgage recites, that the real estate, fixtures, machinery and personal "property, embraced in the mortgage, together, make up the manufactories of the firm, and the mortgage purports to convey only Bradley’s interest individually, and as a member of the firm, therein. The record title to the real estate mortgaged, was in West, one of the partners; but the proofs and the findings establish, that it was partnership property, bought for partnership uses, paid…
2Cases cited14 opinions
- Grimstone v. CarterNew York Court of Chancery · 1831
- Stuyvesant v. HallNew York Court of Chancery · 1847
- Cook v. . TravisNew York Court of Appeals · 1859
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
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3Cited by35 opinions
- Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Roby v. American Central InsuranceNew York Court of Appeals · 1890
- Latham Sparrowbush Associates v. Cohoes Industrial Terminal, Inc. (In Re Cohoes Industrial Terminal, Inc.)District Court, S.D. New York · 1987
- Fletcher v. McKeonAppellate Division of the Supreme Court of the State of New York · 1902
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