O'Dougherty v. . Remington Paper Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The condition of the assignment not having been performed, Carpenter’s title to the mortgage became absolute at law without any sale being made.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The condition of the assignment not having been performed, Carpenter’s title to the mortgage became absolute at law without any sale being made. (Langdon v. Buel, 9 Wend. 83; Case v. Boughton, 11 id. 109; Patchen v. Pierce, 12 id. 62; Smith v. Acker, 23 id. 667; Fuller v. Acker, 1 Hill, 475; Burdick v. Mc Vanner, 2 Den. 170; Hill v.…
1Opinion of the CourtEarl, J.
This action was commenced to foreclose a mort-
gage, and the plaintiff obtained a judgment of foreclosure, from which the above-named defendant has appealed. The mortgage was dated July 24, 1861, and was executed by Patrick O’Dougherty to John O’Dougherty, to secure the payment of $4,500 in four annual installments. In December, 1861, John assigned the mortgage to the plaintiff, and in April, 1870, she assigned the same to one Carpenter, to secure to him the sum of $1,334.94, and the assignment was expressed to be upon the condition that it should be void upon the payment of that sum. That sum…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Phillips v. BericicNew York Supreme Court · 1819
- Campbell v. ParkerThe Superior Court of New York City · 1862
- Haskins v. KellyThe Superior Court of New York City · 1863
3Cited by18 opinions
- Cook v. . ConnersNew York Court of Appeals · 1915
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Porter v. Lane Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Golden v. Ramapo Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Wilkes v. HoodSupreme Court of Alabama · 1939
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