Breed v. National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal-by the defendant, The National Bank of Auburn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 28th day of December, 1899, upon the report of a referee.
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Appeal-by the defendant, The National Bank of Auburn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 28th day of December, 1899, upon the report of a referee. The action was commenced on the 8th day of May, 1899, to recover possession of a bond and mortgage bearing date December 27, 1876, conditioned for the payment of $2,500, made by William Burk and wife to Mary E. Brinkerhoff, and assigned by said Brinkerhoff to one William 0. Rodger. Concededly, on the 3d day of January, 1888, William 0. Rodger became the…
1Opinion of the Court
McLennan, J.:
Three questions are presented by this appeal:
First. Is the purchaser and assignee of a bond and mortgage, who pays full value therefor, but fails or neglects to procure the *472assignment thereof to be recorded until after such bond and mortgage has been assigned to another, who also purchases in good faith and for value, and then procures such first assignment to be recorded before such second assignment is recorded, protected by the Recording Act, so called, and is such second assignment void as against the first assignee and purchaser ?
Second. Is the assignee of a bond and…
2Cases cited8 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Evertson v. BoothNew York Supreme Court · 1822
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Brewster v. . CarnesNew York Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- O'Brien v. . FleckensteinNew York Court of Appeals · 1905
- First Nat. Bank of Oklahoma City v. FosterSupreme Court of Oklahoma · 1924
- Dwelle-Kaiser Co. v. MoonNew York Supreme Court · 1931
- O'Brien v. FleckensteinAppellate Division of the Supreme Court of the State of New York · 1903
- Johnson v. First National BankAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.