Foster v. . Beals
New York Court of Appeals
Appeal from the Supreme Court. Action to stay the foreclosure of a mortgage by advertisement and to compel the holder to receive a sum which had been tendered him by the plaintiff in full and to discharge it.
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Appeal from the Supreme Court. Action to stay the foreclosure of a mortgage by advertisement and to compel the holder to receive a sum which had been tendered him by the plaintiff in full and to discharge it. The trial was before a referee, who found as facts that the plaintiff Foster executed the mortgage to one Boyce on the 23d May, 1851. It was conditioned for the payment of $2,983 with interest on or before April 1, 1854. On the 4th day of June, 1851, the mortgage was duly assigned by Boyce to the defendant Beals. On the 6th June, 1851, the plaintiff, in good faith and without notice of…
1Opinion of the CourtDavies, J.
After considering the circumstances under which the plaintiff made the payments to Boyce, and arriving at the conclusion that as matter of law—in the face of the referee’s direct finding that as matter of fact they were made in good faith, and without notice—they could not be held sufficient to have put the plaintiff upon inquiry, the learned judge proceeded: We think, however, the referee erred in admitting the receipt of Boyce of May 31,1851, as evidence of the payment to him, on that day, of the sum of $234, on the bond and mortgage. A written receipt for money is but the admission of the…
2Cases cited1 opinion
- Fitch v. ChapmanSupreme Court of Connecticut · 1833
3Cited by15 opinions
- Doubleday v. . KressNew York Court of Appeals · 1872
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
- Assets Realization Co. v. . ClarkNew York Court of Appeals · 1912
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