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64 N.Y. 171

Heermans v. . Clarkson

New York Court of Appeals

Decided February 8, 1876

New York Court of Appeals · decided 1876-02-08

This action was brought by plaintiff as trustee of the estate of Joseph Fellows to set aside a satisfaction and discharge of a bond and mortgage, and to foreclose said mortgage. The bond and mortgage in question were executed by defendants Clarkson and wife to said Joseph Fellows, who thereafter by trust deed conveyed his property, real and personal, to plaintiff, including said bond and mortgage.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-02-08

How this case has been cited

Cited by 5 later decisions — most recently August 1912

5 state decisions

2018761880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 The authority given to the receiver by the 'supplementary order of June 2, 1870, was broad enough to authorize him to receive the money unpaid on mortgages held by him as receiver, whether due or not, at the time of the payment. By that order he was authorized and empowered “to execute and acknowledge for record formal satisfaction and discharge of all real estate mortgages which came to him as receiver, upon payment to or collection by him *173 thereof, or of debts the payment of which they are given to secure.”

¶2 The mortgage executed by Clarkson was, as is found by the court upon evidence sufficient to authorize the finding, paid to the receiver by Hill, while this order was in force; and this payment, although made without the previous request of the mortgagor, was afterward ratified by him, which was equivalent to an original authority to make the payment. (Story on Agency, § 239 ; Coml. Bk. v. Warren, 15 N. Y., 580.) This view disposes of the case, and it is unnecessary to consider the other questions discussed on the argument.

¶3 The judgment should be affirmed..

¶4 All concur.

¶5 Judgment affirmed.

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