Van Keuren v. . Corkins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a decision in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 4 Him, 129.) This was an action to foreclose a mortgage executed September 1, 1865, by Michael Gorkins and wife, to secure a bond of said Gorkins given to Thomas George and Enoch Carter.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department affirming a decision in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 4 Him, 129.) This was an action to foreclose a mortgage executed September 1, 1865, by Michael Gorkins and wife, to secure a bond of said Gorkins given to Thomas George and Enoch Carter. On the 20th June, 1866, said bond and mortgage were assigned by the mortgagees to one John Hill, Jr., and through various intesmediate assignments were transferred to plaintiff. ¡None of the…
1Opinion of the CourtMiller, J.
The payments of the mortgagor to the mortgagees were clearly made without any knowledge of the mortgagor that the bond and mortgage had been assigned. The case is utterly destitute of any evidence showing that the-mortgagor had notice of the assignment of the bond and-mortgage, or that he had any reason to believe that the same had been transferred to another person. He most manifestly acted in good faith in making the payments; and no circum stances are proved to exist which demanded of him any greater degree of vigilance than was manifested or that created suspicion which should have put…
2Cases cited4 opinions
- Foster v. . BealsNew York Court of Appeals · 1860
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Reed v. MarbleNew York Court of Chancery · 1843
- New-York Life Insurance & Trust Co. v. SmithNew York Court of Chancery · 1847
3Cited by32 opinions
- Viele v. . JudsonNew York Court of Appeals · 1880
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Brewster v. . CarnesNew York Court of Appeals · 1886
- Bacon v. . Van SchoonhovenNew York Court of Appeals · 1882
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