Central Trust Co. v. . Folsom
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24,1899, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 24,1899, reversing a judgment in favor of defendants entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Where a mortgagee permits an attorney who negotiates a loan to retain in his possession the bond and mortgage after the principal is due, and the mortgagor, with knowledge of that fact and relying upon the apparent authority thus conferred, shall make…
1Opinion of the CourtCullen, J.
The action was brought to recover possession of a bond and mortgage and certain assignments thereof from the defendant, tlie owner of the equity of redemption in the mortgaged premises who claimed to have received them on paying the mortgage. The controversy turns on the validity of that payment. The bond and mortgage were made by Benjamin B. Winthrop and others, trustees, and George Folsom and wife, to William E. Laiglit and another, trustees of Louisa M. Wilkes, ón the 15th day of May, 1848, and after several mesne assignments were assigned to Ada L. Sutton (afterwards Ada L. Saalfield) on…
2Cases cited4 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Doubleday v. . KressNew York Court of Appeals · 1872
- Crane v. . GruenewaldNew York Court of Appeals · 1890
- Hatfield v. ReynoldsNew York Supreme Court · 1861
3Cited by5 opinions
- Farr v. NewmanNew York Court of Appeals · 1964
- Weigell v. GreggWisconsin Supreme Court · 1915
- Union Trust Co. v. McKeonSupreme Court of Connecticut · 1904
- Guarracino v. LaganaAppellate Division of the Supreme Court of the State of New York · 1931
- Kaminski v. SwiderNew York Supreme Court · 1924