New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-21
JUDGE REBUKES A WYER.
SAYS APPELLATE DIVISION SHOULD
DEAL WITH MORTGAGEES
ATTORNEY

A decision has been handed down by Justice
Maddox in the Supreme Court, Equity Term, in the
suit Of William B. Young and George B. B. Lamb,
executors of the will of Antoinette s. Valentine.
wife OF Benjamin f. Valentine. lawyer, against
Eliza N Campbell her husband. Frederick w.
Campbell and Elizabeth H. Valentine mother Of
Benjamin E Valentine to bar equity Of redemp-
ton in premises mortgaged at Brewers Point.
Hampstead, Long Island. and for further relief. In
1898 the mortgages in question made and It
alleged that Eliza n. Campbell and Frederick
W. Campbell to secure to Antoinette S. Valentine
for the payment of 81 900 April g. 1893. mortgaged
the premises to her; that she died August IS.
1899. leaving will. making William B. Young and
George B. 3. Lamb executors, and that Benjamin
E. Valentine caused to be placed on file and re-
corded in Queens County a pretended assignment
of the mortgage named to Eliza beth II. Valentine.
1t was further alleged that the assignment was
without consideration. and was never executed by
the plaintiffs devisor to Elizabeth II. Valentine;
that Benjamin +. Valentine attorney for
Antoinette S. Valentine. made the money loan Sc
cured by the mortgage and that the pretended as
signment executed In blank and filed and
recorded after the death of the plaintiffs devisor
It also alleged that if the pretended assign
ment signed by Antoinette s. Valentine. it
was signed representations made by Benjamin
E. Valentine that it done for convenience and
for the purpose Of protecting the interest of An
toInette s. Valentine and to facilitate the collection
of moneys secured thereby which representations
were false 1t was claimed by the plaintiffs that
defendants had failed to pay the 1000 principal
Of the mortgage, which became due April l.
1896 and that there due the plaintiffs 1926 81
Eliza N. Campbell, the defendant, denied there
due the last sum named. and, for q separate
defence alleged that at her husbands request, in
September, 1892. she made agreement with Ben
jamin z. Valentine for loan of 81 800, to be made
to her husband, the defendant to give mortgage
the property near Hampstead; that Valentine
said the money would be advanced in separate
sums; that without the defendants knowledge or
consent of three mortgages made for
$1,000 although she understood it to be for $500
She alleged that the three mortgages were made
for the of the sum of 81 300 and that the agree
usuriouS and void
Justice Maddox said in his decision, that If he
could feel justified in holding against the plaintiffs
the evidence, he would certainly do SO; that the
conduct of the mortgages attorney in the whole
proceeding reprehensible and that he should
be dealt with by the Appellate Division. in his
Judgment without saying.
Il dismiss the actions for the foreclosure of the
two $500 mortgages" decided Justice Maddox. al
will say that if Benjamin f. Valentine party
to that action I would allow costs against him indi-
vdually In favor Of the defendant Campbell. but he
is not before the Court, and I have power to
do So"