Marvin v. Inglis
New York Court of Appeals
An action to declare inoperative and void an assignment of a mortgage, and to collect the amount of moneys received thereon by the defendant’s testator, an assignee of said mortgage. The facts of the case were not disputed by either party on the trial. The following is a brief summary of them.
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An action to declare inoperative and void an assignment of a mortgage, and to collect the amount of moneys received thereon by the defendant’s testator, an assignee of said mortgage. The facts of the case were not disputed by either party on the trial. The following is a brief summary of them. David D. Marvin, the father of the plaintiff, died intestate on or about Oct. 21st, 1352, leaving his widow, Mary Augusta (now Fanning), and the plaintiff, his only child, surviving him. In the fall of 1850, David D. Marvin (who was a physician) received an injury on his head, and in December, 1850, he…
1Opinion of the CourtGrover, J.
None of the exceptions taken by defendant’s counsel to the rulings of the referee upon the competency of evidence were insisted on upon the argument. I have examined these exceptions and find none of them tenable.
There was evidence given tending to sustain the finding of the referee, that David D. Marvin, at the time he signed his name to the instrument purporting to be an assignment of the mortgage, was- of unsound mind, and incapable of executing a legal instrument. This finding of fact is, therefore, conclusive upon this court in this case.
It follows that such instrument is void, unless…
2Cases cited3 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Haight v. . HaytNew York Court of Appeals · 1859
- Haviland v. . HayesNew York Court of Appeals · 1867
3Cited by6 opinions
- Carrere v. DunAppellate Terms of the Supreme Court of New York · 1896
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
- Flagler v. MalloyNew York Supreme Court · 1890
- Marvin v. LewisNew York Supreme Court · 1871
- People v. Albany & Susquehanna Railroad Co.New York Supreme Court · 1870
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