Davis v. . Bechstein
New York Court of Appeals
This was an appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, modifying the judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and as modified affirming the same. This action was brought to have a bond and mortgage on lands belonging to plaintiff set aside ánd cancelled.
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This was an appeal from a judgment of the General Term of the Court of Common Pleas for the city and county of New York, modifying the judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and as modified affirming the same. This action was brought to have a bond and mortgage on lands belonging to plaintiff set aside ánd cancelled. The bond and mortgage were executed by plaintiff and her husband to Lawrence A. Riley, and delivered to him as an accommodation, to be used as collateral security for the payment of a note, which he contemplated getting…
1Opinion of the Court
Church, Ch. J.
Neither the decision in McNeil v. The Tenth National Bank (46 N. Y., 325), nor in Moore v. Metropolitan Nat. Bank (55 N. Y., 41), affect the question involved in this case. Those cases hold that the owner of a chose in action is estopped from asserting his title against a bona fide purchaser for value, who purchased upon the faith of an apparent absolute ownership by assignment, conferred by the owner upon the assignee and seller, but neither of them intimated an intention to interfere with the well settled principle, that a purchaser of a chose in action, takes it subject to…
2Cases cited2 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
3Cited by26 opinions
- Marling v. FitzGeraldWisconsin Supreme Court · 1909
- Browning v. SmithIndiana Supreme Court · 1894
- Schumann v. Bank of California, N. A.Oregon Supreme Court · 1925
- Moore v. MooreIndiana Supreme Court · 1887
- Baird v. BairdNew York Supreme Court · 1894
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