Hoeffler v. Westcott
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the County Court of Ene county, without a jury. The assignee of a mortgage, though a bona fide bolder, takes the same subject to all the equities existing between the original parties.
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Appeal from a judgment in favor of the defendants, entered upon the trial of this action by the County Court of Ene county, without a jury. The assignee of a mortgage, though a bona fide bolder, takes the same subject to all the equities existing between the original parties. (Ingraham v. Disbrough, 47 N. Y., 421; Andrew v. Gillespie, id., 487 ; Gutts v. Guild, 59 id., 229 ; Grane v. Turner, 67 id., 437.) This mortgage was made without consideration and for the purpose of a sale only ; it was sold for less than its face value, and the transaction was therefore usurious. (Vickery v. Biclcson,…
1Opinion of the Court
Talcott, P. J.:
This is an appeal by the plaintiff from a judgment rendered for the defendant by the County Court, of Erie county.
The action is to foreclose a mortgage made by Byron IT. Wcst. cott to Joseph Bork to secure the payment of $900, with interest, within three years from the date thereof. The mortgage and the accompanying bond were dated on the first day of November, 1874.
The facts as disclosed by the evidence were, that Mrs. Hocffler, the plaintiff, about the first day of December, in the year 1874, in the forenoon, came into the banking office of Lyon, Bork & Co., bankers, in…
2Cases cited1 opinion
- Schoop v. ClarkeNew York Court of Appeals · 1864