Brewster v. . Carnes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth 'judicial department, entered upon an order made October 24, 1885, which affirmed a judgment entered upon the report of a referee. This action was brought to foreclose a mortgage. The defense was payment. The mortgage bore date MarchlO, 1865, and was executed by Calvin Dodge to Philip Ver Planck, as trustee for two infants.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth 'judicial department, entered upon an order made October 24, 1885, which affirmed a judgment entered upon the report of a referee. This action was brought to foreclose a mortgage. The defense was payment. The mortgage bore date MarchlO, 1865, and was executed by Calvin Dodge to Philip Ver Planck, as trustee for two infants. On the 2d day of August, 1869, Ver Planck, as late trustee, assigned the mortgage to James W. Taylor, as present trustee for the infants. On the 2Sth of June, 1877, James W. Taylor, as such…
1Opinion of the CourtMiller, J.
Hnder the Revised Statutes (1R. S. 763, §41), the recording of an assignment of a mortgage is not, of itself, notice of such assignment to a mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.
The section of the statute above cited cannot be said to apply to the facts which are presented for consideration in the case under advisement as is apparent from a careful reading of the same. The defendant who made the payment was not the mortgagor, nor his heir, nor his personal representative. He was the purchaser of the…
2Cases cited4 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Viele v. . JudsonNew York Court of Appeals · 1880
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Heermans v. . EllsworthNew York Court of Appeals · 1876
3Cited by30 opinions
- Cornish v. WoolvertonMontana Supreme Court · 1905
- Cummings v. HurdMissouri Court of Appeals · 1892
- Security Co. v. GraybealSupreme Court of Iowa · 1892
- Butler v. Bank of MazeppaWisconsin Supreme Court · 1896
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
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