Walsh v. Rutgers Fire Insurance
New York Supreme Court
Appeal from a judgment of the Kings County Court. This action was brought to foreclose a mortgage on a lot of land in the city of Brooklyn. The same premises had been foreclosed under a prior mortgage, held b-y the Rutgers Fire Insurance Company, the appellants, and had been purchased by them, at the sale under the decree, for $500. By some oversight the company did not make the plaintiff in this action a party defendant to their foreclosure suit.
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Appeal from a judgment of the Kings County Court. This action was brought to foreclose a mortgage on a lot of land in the city of Brooklyn. The same premises had been foreclosed under a prior mortgage, held b-y the Rutgers Fire Insurance Company, the appellants, and had been purchased by them, at the sale under the decree, for $500. By some oversight the company did not make the plaintiff in this action a party defendant to their foreclosure suit. The original holder-of plaintiff’s mortgage was made a party,, but he had previously assigned the mortgage to one Jennings, the assignor of the…
1Opinion of the Court
By the Court.*— Emott, P. J.
—The lien of the plaintiff’s mortgage, with all the rights attaching thereto, was left untouched by the sale, to which he was not a party. As to him,,the insurance company were still mortgagees, and nothing more; and the only consequence of their proceedings to foreclose the mortgage was, that they became mortgagees in possession. This is substantially conceded by the defendants, when they contend that this action should have been simply a bill to redeem. The proposition, if it needs authority, is sustained by the cases of Slee a. The Manhattan Company (1 Paige,…
2Cases cited4 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Post v. ArnotNew York Supreme Court · 1845
3Cited by4 opinions
- Moulton v. . CornishNew York Court of Appeals · 1893
- Bigelow v. DavolNew York Supreme Court · 1891
- Moulton v. CornishNew York Supreme Court · 1891
- Elsworth v. MuldoonNew York Supreme Court · 1873