Constant v. University of Rochester

19 N.E. 631 (1889)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Constant v. University of Rochester

New York Court of Appeals
19 N.E. 631 (1889)

RW

Facts

Over the course of many years, and as frequently as weekly or even daily, Mary Constant (plaintiff) conducted real estate transactions through a lawyer named Deane. In one such transaction, a woman named Elizabeth Meehan mortgaged her property to Constant. Deane failed to record the mortgage. Eleven months later, Meehan mortgaged the same property to the University of Rochester (university) (defendant). Deane represented the university in this transaction, and this time he recorded the mortgage. Deane later found Meehan’s first mortgage mistakenly pigeonholed in a file of satisfied mortgages. Constant sought to foreclose on Meehan’s property and sued the university upon learning that the university held title to the same property. The trial court found that Deane retained knowledge of Meehan’s first mortgage at the time Deane took Meehan’s second mortgage. Therefore, the trial court imputed that knowledge to the university and entered judgment for Constant. The university appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Peckham, J.)

Dissent (Gray, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership