Mary T. Constant, Executors v. the University of Rochester, Impleaded

Summary

The Court of Appeals reversed the lower court, holding that the University of Rochester was not constructively notified of the earlier Constant mortgage because there was no clear proof that its attorney, Deane, had the prior mortgage in mind at the time of the university's mortgage. Consequently, the university's mortgage is deemed the prior lien. The Court noted that without such proof, notice cannot be imputed to the principal. A dissent argued that the university should be charged with notice through Deane's knowledge and that the judgment should be affirmed.