Eliza Schuluter Against the Bowery Savings Bank

Eliza Schuluter Against the Bowery Savings Bank

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... the statements were true and the Crouse mortgage was in tact second. There may therefore be no fraud, but the representations amount to a warranty, when the defendants did and still have a right to rely upon. If the mortgage was not in fact second, or if plaintiff has by his own act made it other than second, the defendants have the right to insist that they be protected by the warranty, and that plaintiff make them good. In other words, that their damages under the warranty offset the plaintiff's claim. V. It may be claimed that the defendants knew that the foreclosure of the fourth mortgage had been commenced at the time they gave the guaranty, and therefore took the risks of having the mortgage which was assigned to Crouse cut off. 1. To this we say that there is no proof tending to show that Rowley & Ney or Owens had any knowledge that such foreclosure designed to or would cut off a prior mortgage. Notice to them that the last mortgage was being foreclosed, was not notice that it would in any way affect a prior mortgage. 2. Adams says folio 2S7, ) " I also state at that time, "that there had been a suit commenced on the Wall "mortgage; that the firm had appjared for Mes;rs. "Crouse on their judgment, and I think Rowley & Ney, "and that James had stated to me that Melville, the 'attorney in that suit, had agreed to discontinue, pro"vide 1 he, James, would pay the amount of costs that "he had made. James, in leply, stated that he did pay "the costs at the time. I would not be particular about "that. He had paid then all, or nearly all, and that "Melville had stated that the suit should be discon"tinned, and I so understood it and so Mated it." At folio 309, he says: ...show more

Product details

  • Paperback | 338 pages
  • 189 x 246 x 18mm | 603g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236822749
  • 9781236822741