Crocker v. . Whitney
New York Court of Appeals
Appeal by the National Bank of Genesee from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term directing a disposition of surplus moneys. This was an action of foreclosure. Judgment of foreclosure and sale was perfected, and on sale thereunder a surplus of $3,889.80 arose.
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Appeal by the National Bank of Genesee from an order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term directing a disposition of surplus moneys. This was an action of foreclosure. Judgment of foreclosure and sale was perfected, and on sale thereunder a surplus of $3,889.80 arose. Several parties filed claims to this surplus, among others the said National Bank of Gene-see, which claimed under a mortgage given by defendant Whitney, dated January 12, 1871, for the sum of $5,000, given, as stated therein, as collateral security for…
1Opinion of the CourtAndrews, J.
The National Bank of Genesee, on the 12th day of January, 1871, when the mortgage from Whitney was executed, held his indorsed paper, which it had previously discounted for him to the amount of $3,200. The mortgage was given to secure this indebtedness, and also any debts of the mortgagor to the bank, which might thereafter be contracted. It is conceded that the mortgage was a valid security for the notes, held by the bank at its date; but it is claimed, and the referee has found, that these notes were subsequently paid, and unless the bank is entitled to have this finding set aside, its…
2Cases cited7 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Truscott v. . KingNew York Court of Appeals · 1852
- Fowler v. Scully ex rel. First National BankSupreme Court of Pennsylvania · 1873
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
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3Cited by21 opinions
- Pratt v. . ShortNew York Court of Appeals · 1880
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- The Nassau Bank v. . JonesNew York Court of Appeals · 1884
- Farrington v. PutnamSupreme Judicial Court of Maine · 1897
- Kennan v. RundleWisconsin Supreme Court · 1892
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