Davis v. Flagg
Supreme Court of New Jersey
On appeal from a decree based on the following opinion of Van Fleet, V. C.: The evidence shows, beyond all doubt, that the mortgage in suit was purchased and suit brought thereon for some other purpose than collecting the money due on it. . If this is not so, it is difficult to see why Mr. Davis cannot say at once, without direction or instruction from his counsel, whether or not he will receive the amount due and assign the mortgage.
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On appeal from a decree based on the following opinion of Van Fleet, V. C.: The evidence shows, beyond all doubt, that the mortgage in suit was purchased and suit brought thereon for some other purpose than collecting the money due on it. . If this is not so, it is difficult to see why Mr. Davis cannot say at once, without direction or instruction from his counsel, whether or not he will receive the amount due and assign the mortgage. It is easy to see how Mr. Davis may use his suit to oppress the Flaggs, and aid Mr. Baldwin in his litigation with them. Legal remedies must be used for honest…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
The facts to which the court in this case is to apply the law, are these:
Mrs. Flagg was the owner of certain premises, upon which she gave two certain mortgages of different dates, the first, in the order of priority,'being executed in favor of the Mutual Life Insurance Company of New York, and the second to Abram H. Baldwin. This latter-named mortgagee filed a bill to foreclose his mortgage, and to that bill Mrs. Flagg, the mortgagor, put in an answer setting up a defence. It is alleged, and for present purposes it will be assumed, that…
2Cases cited1 opinion
- Morris v. . TuthillNew York Court of Appeals · 1878
3Cited by16 opinions
- W.D. Cashin Co. v. Alamac Hotel Co., Inc.New Jersey Court of Chancery · 1925
- Fifth Ave. Bank of N.Y. v. CompsonNew Jersey Court of Chancery · 1933
- ADM Corp. v. Speedmaster Packaging Corp.District Court, D. New Jersey · 1974
- United B. L. Assn. v. NeumanNew Jersey Court of Chancery · 1933
- Woodward v. HarlinTexas Supreme Court · 1931
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