application of the equitable doctrine in New York

1965Moreover, under the facts here present, which permit of the application of the equitable doctrine of subrogation, we further conclude that the plaintiff is also entitled to a priority for the additional amounts paid out of the mortgage proceeds or otherwise paid by the plaintiff for the real estate taxes which were due and owing on the subject premises and for the fire insurance premiums paid in connection therewith (cf. 3105 Grand Corp. v. City of New York, 288 N. Y. 178 ).

1965Subrogation is a highly favored remedy and the courts are inclined to extend rather than restrict its application (Bonham v. Coe, 249 App. Div. 428 , affd. 276 N. Y. 540 ).

1965Subrogation is a highly favored remedy and the courts are inclined to extend rather than restrict its application (Bonham v. Coe, 249 App. Div. 428 , affd. 276 N. Y. 540 ).

1963Another theory is the application of the equitable principle of estoppel (Matter of Taylor, 251 N. Y. 257 ).

1944Realty Co., 265 N. Y. 226, 235-237 .) Matter of Black ( 293 N. Y. 85 ), decided herewith, was a case in which the equities were of such a character as to justify the application of the equitable doctrine of marshaling.

1944Realty Co., 265 N. Y. 226, 235-237 .) Matter of Black ( 293 N. Y. 85 ), decided herewith, was a case in which the equities were of such a character as to justify the application of the equitable doctrine of marshaling.

1941It is only when a request or an invitation to carry on cannot be implied in fact that it is necessary to invoke that doctrine.” In view of the nature of the modern doctrine of promissory estoppel as an application of the equitable principle that repudiation will not be permitted where action has been taken and expense incurred by the promisee in reliance thereon, the limitation, the existence of which is intimated in Twenty-third Street Baptist Church v. Cornell ( 117 N. Y. 601, 605 ) that such action must have occurred with the knowledge of the subscriber, seems wholly illogical and of doubtf

1940If attempt be made to say that the will in the cited case d'Ters from the will here under construction because here there is a direction for paying taxes out of the residuary the answer is furnished by Matter of Caswell (supra), which held inoperative a direction to pay taxes out of a non-existent residuary.

1939Kaplan, 249 App. Div. 280 .) But when death occurs and the statutes with respect to descent and distribution are brought into operation, the requirement that a creditor fashion his remedy in accordance therewith is no more than an application of the equitable doctrine of marshaling of assets, and it cannot be said that by adhering to the procedure the creditor forfeits any legal right.

1937(Matter of Schuster, 123 Misc. 314, 317 .) From the time when Mrs. Fox evidenced her consent to sell the property to and until the spring of 1933, the trustees made every endeavor to sell said real property through contact with real estate brokers, but, presumably on account of the financial conditions of the country, no offer was received nor a contract of sale made until July, 1933.

1932In Barnes v. Mott ( 64 N. Y. 397, 401 ) it was held that an owner of premises, who purchased subject to a mortgage, in ignorance of a judgment against a former owner which was subsequent to the mortgage, and paid off the mortgage, might have the lien reinstated.

1891Bank v. Moore, 112 N. Y. 543 , that, where a creditor receives money on account of his debtor, he may be compelled to apply it ratably to all claims against the debtor, as well as to those upon which other persons are liable.