Clark v. Henry
Court for the Trial of Impeachments and Correction of Errors
Appeal from the Court of Chancery. On the 8th February,. 1819, Frederick Davis- executed to the respondent, his promissory note and mortgage for $1065 03, with interest. In March, 1819, the respondent purchased of the appellant a span of horses, waggon, &c., for $285. Of this sum, 75 dollars were paid when due. The remainder was payable . the 1st January, 1820; but was not paid a.t that time.
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Appeal from the Court of Chancery. On the 8th February,. 1819, Frederick Davis- executed to the respondent, his promissory note and mortgage for $1065 03, with interest. In March, 1819, the respondent purchased of the appellant a span of horses, waggon, &c., for $285. Of this sum, 75 dollars were paid when due. The remainder was payable . the 1st January, 1820; but was not paid a.t that time. On • . the 9th July, 1821, the respondent filed his bill in the Court of Chancery against the appellant and Davis, stating, among other things, that on or about the 16th February, 1820, the appellant…
1Opinion of the CourtWoodworth, J.
The bill states that at the time the assignment was made, the appellant declared it was by way of pledge, and that the instrument in writing delivered to the respondent was an agreement to re-deliver the mortgage on payment of $225. In the answer, the -appellant alleges, it was an absolute sale and transfer, but he admits that he agreed to re-sell and re-assign, if the respondent paid $225, on or before the first of October, then next; that he wrote and signed an instrument to that effect.
Bill.
Answer.
Haisted’s evidence.
William Halstead, a subscribing witness, testifies, that Clark gave Henry…
2Cases cited1 opinion
- Peterson v. ClarkNew York Supreme Court · 1818
3Cited by41 opinions
- Mooney v. . ByrneNew York Court of Appeals · 1900
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Carr v. . CarrNew York Court of Appeals · 1873
- Ruffier v. WomackTexas Supreme Court · 1867
- Odell v. . MontrossNew York Court of Appeals · 1877
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