Bander v. Snyder
New York Supreme Court
In Equity. The bill in this cause was an ordinary bill of foreclosure. It alleged that on the 7th day of April, 1828, the defendant executed and delivered to the plaintiff, his bond, conditioned for the payment of $375 with interest—$100, with interest upon the whole sum, to be paid on the first day of April, 1829, and the remaining $275 to be paid in one year thereafter, with interest—and at the same time, to secure the payment of the moneys mentioned in the condition of…
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In Equity. The bill in this cause was an ordinary bill of foreclosure. It alleged that on the 7th day of April, 1828, the defendant executed and delivered to the plaintiff, his bond, conditioned for the payment of $375 with interest—$100, with interest upon the whole sum, to be paid on the first day of April, 1829, and the remaining $275 to be paid in one year thereafter, with interest—and at the same time, to secure the payment of the moneys mentioned in the condition of the bond, -the defendant executed to the plaintiff a mortgage upon a piece of land in the county of Montgomery, which…
1Opinion of the CourtHarris, J.
Whether the bond and mortgage were executed by the defendant, to secure the plaintiff against his liability as surety for the defendant upon the note to Tunnecliff, or for an indebtedness of the defendant to the plaintiff, it is not very material to determine. It is not denied that the bond and mortgage became, when executed, a valid security in the hands of the plaintiff. If they were in fact given for the purpose stated by the defendant, it is not pretended that the Tunnecliff note was paid by the defendant, or that it was not in fact paid by the plaintiff In the examination of the case, I…
2Cases cited1 opinion
- Hall v. ShultzNew York Supreme Court · 1809
3Cited by8 opinions
- Lyon v. AddeNew York Supreme Court · 1872
- Lyon v. ChaseNew York Supreme Court · 1867
- 8 O.S.H. Cas.(bna) 1422, 1980 O.S.H.D. (Cch) P 24,509 Ray Marshall, Secretary of Labor, United States Department of Labor, No. 79-1822 v. Sun Petroleum Products Co. And Occupational Safety and Health Review Commission, Local 8-901 of Oil, Chemical and Atomic Workers International Union, No. 79-1828 v. Occupational Safety and Health Review Commission, Sun Petroleum Products and Secretary of LaborCourt of Appeals for the Third Circuit · 1980
- Fiero v. FieroNew York Supreme Court · 1867
- Jones v. Merchants' BankThe Superior Court of New York City · 1867
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