New York Court of Appeals

Esther C. Townsend, Appellants v. Joshua Rackham, Respondents

November 27, 1894143 N.Y. 516

Summary

The Court affirmed the lower court's dismissal of the foreclosure action, holding that the mortgages did not create trusts for Maria Leach and Esther C. Lutts, that a promise made for a third party's benefit cannot be enforced by that third party absent liability, and that the mortgages are valid and enforceable by the mortgagees.