Merritt v. . Bartholick
New York Court of Appeals
The mere delivery of a mortgage, given to secure the payment of a bond, by the mortgagee to a creditor as collateral security for a debt owing by the mortgagee, does not pass any interest to the mortgage, as against one holding by assignment the bond secured thereby.
1Opinion of the Court
Parker J.
If the delivery of the mortgage without the bond, to Wentworth as collateral security for the debt such delivery was intended to secure, operated as a valid assignment of the mortgage to Wentworth, the judgment below is wrong and cannot be sustained.
On the other hand, if it conveyed no interest in the mortgage to Wentworth, then the Defendant who claims his title through Wentworth’s foreclosure of that mortgage, has no defence to the Plaintiff’s action to foreclose, and no interest in respect to it which under the facts found by the referee can avail him upon this appeal.
The single…
2Cases cited3 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
3Cited by87 opinions
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- Bank of New York v. SilverbergAppellate Division of the Supreme Court of the State of New York · 2011
- Deutsche Bank Trust Co. Americas v. VitellasAppellate Division of the Supreme Court of the State of New York · 2015
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Slutsky v. Blooming Grove Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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