Mead v. York
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the sixth district, where a decree in equity, made at special term, dismissing the plaintiff’s bill, had been reversed. , This was a bill in equity, filed in the late court of chancery, for a decree for the cancellation of a mortgage, given by Smith and wife to one Snow, and by him assigned to York, the defendant.
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Appeal from the general term of the Supreme Court, in the sixth district, where a decree in equity, made at special term, dismissing the plaintiff’s bill, had been reversed. , This was a bill in equity, filed in the late court of chancery, for a decree for the cancellation of a mortgage, given by Smith and wife to one Snow, and by him assigned to York, the defendant. The mortgage in question was given by Smith and wife to Snow, on the 16th May 1827, upon a village lot, in Norwich, Chenango county, to secure the payment of $1000, a part of the purchase-money thereof. It was duly acknowledged,…
1Opinion of the CourtGridley, J.
— The principle of this case is entirely covered by the doctrine established in Truscott v. King (ante 147), decided in this court, at the present term. It appears, that the original mortgage was long since paid up and extinguished, and though, it is probable, that the defendant relied on the assignment of the mortgage to him as security for such indorsements as he should make for the mortgagor, I do not find evidence of any explicit agreement between him and the mortgagor, Smith, that, after it was satisfied, it should be revived, and stand as security for such indorsements. And if there was…
2Cases cited1 opinion
- Champney v. . CoopeNew York Court of Appeals · 1865
3Cited by9 opinions
- Bogert v. . BlissNew York Court of Appeals · 1896
- State ex rel. School Fund v. LakeSupreme Court of Iowa · 1864
- Winslow v. ClarkNew York Supreme Court · 1870
- Bogert v. StrikerNew York Court of Common Pleas · 1895
- Sherow v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1897
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