Mutual Life Insurance v. Sage
New York Supreme Court
Appeal from a judgment of the Special Term dismissing the complaint upon the trial. The action was brought to recover the amount of an assessment made upon certain mortgaged premises paid by the plaintiff holding the premises under a mortgage foreclosure.
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Appeal from a judgment of the Special Term dismissing the complaint upon the trial. The action was brought to recover the amount of an assessment made upon certain mortgaged premises paid by the plaintiff holding the premises under a mortgage foreclosure. The claim was based upon section 175 of chapter 86 of the Laws of 1813, to the effect that if any assessment be paid by any person, when by agreement or law the same ought to have been, borne and paid by some other person, it shall be lawful for the person paying to sue for and recover the money so paid.
1Opinion of the Court
Macomber, J.:
In the year 1869 the plaintiff, Thomas A. Davies, being then the owner of certain premises in the city of New York, mortgaged them to the plaintiff, the Mutual Life Insurance Company, to secure the mortgagor’s bonds in the sum of $44,000. Subsequently other mortgages were made by the owner to sundry persons, which ultimately came into the hands of the defendant Sage, who foreclosed the same, buying in the property at the sale had therein under the judgment of foreclosure, taking the deed to himself, which was recorded on the 17th day of February, 1876.
The owner of the prior…
2Cases cited3 opinions
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- Haight v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Platt v. StewartNew York Supreme Court · 1850