Jackson v. Nicol
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ann Nicol and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 19th day of April, 1897, upon the report of a referee.
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Appeal by the defendants, Ann Nicol and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 19th day of April, 1897, upon the report of a referee. This action was brought to foreclose a mortgage upon premises situated in the village of Peekskill, Westchester county, New York, given by the defendant Ann Nicol to the plaintiffs’ testator, to secure rent due said testator from the defendant Muxlow’s wife. At the time of the execution of the mortgage in suit there were two mortgages upon the premises, the…
1Opinion of the Court
Hatch, J.:
When the Nieol mortgage, which is the subject of foreclosure, was given, it was promised by the defendant Muxlow that it should be a second lien upon the premises made subject thereto. He was conversant with the business carried on by his wife and paid the rent for the property occupied by her to the landlord. He knew that the consideration for the Nieol mortgage was the past-due rents, the payment of which was essential to prevent dispossession proceedings threatened by the landlord, and' it was his proposition to procure the Nieol mortgage to be executed.
We think this state of…
2Cases cited5 opinions
- Demarest v. WynkoopNew York Court of Chancery · 1817
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Grocers' Bank v. Buffalo & PenfieldNew York Court of Appeals · 1877
- Bunn v. WinthropNew York Court of Chancery · 1815
- O.P.R.R. Co. v. . ForrestNew York Court of Appeals · 1891
3Cited by3 opinions
- Doucet v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1917
- Londner v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- King v. Briarwood Land Co. of JamaicaNew York Supreme Court · 1911