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Home > History and Archaeology > History > Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 56
Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 56

Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 56


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...discriminating and careful the courts have been in cases of conflicting equities arising after the inception and during the life of a mortgage, to cast the loss, if any, upon the party at fault. On the other hand the protection of the statute extends only to purchasers in good faith and for a valuable consideration. Good faith is not enough without a valuable consideration parted with on the faith of the conveyance (De Lancy agt. Stearns, 66 N. Y., 157), nor is the parting with such valuable consideration sufficient in the absence of good faith, which cannot be said to exist in case of notice. The law being as stated, and it having already been shown, that the bank can derive no benefit from the mere recording of the written agreement as against Martin Frank as subsequent assignee of Wolff, whose assignment was duly recorded, the question remains to be considered whether Frank was a purchaser in good faith and for a valuable consideration, and, Bank for Savings agt. Frank. if he was, upon whom, in view of all the facts of the case, the loss, which may arise, shall be cast. At the time of the execution of the agreement between Wolff and the bank, Wolff was the true and lawful and undisputed holder of the mortgage, which he subsequently assigned to Frank, and as such he had full power to dispose of it or any specific portion of it. But no such disposition was made in favor of the bank. He parted with no part of his title. In terms, and legal effect, as already shown, the agreement was a mere personal contract collateral to, but not entering into the mortgage, or mortgage debt, or affecting the mortgaged premises or any part thereof. Consequently, if it were necessary to determine with precision, whether this contract, which stands unrecorded in law, ran with ...


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Product Details
  • ISBN-13: 9781232062080
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 254
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1232062081
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 458 gr

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