Theodore Kirsch, by Guardian Ad Litem, Respondents v. Orange L. Tozier, Appellants

Summary

The Court affirmed the lower court's judgment, holding that the discharge of the mortgage by Orange L. Tozier, acting as trustee, before the debt was due was a breach of trust and that the Buffalo Savings Bank, having constructive notice of the trustee's lack of authority, was not a protected bona fide purchaser. Consequently, the plaintiffs were entitled to reinstate the mortgage and obtain foreclosure.