North American Fire Insurance v. Graham
The Superior Court of New York City
This case was transferred to this court, from the supreme court, under the provisions of the act of 1849. The -trial was had at bar.. The pleadings were very voluminous, and a great number of witnesses were examined, and numerous questions of law and fact were discussed, with great learning and ability, by the counsel on both sides.
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This case was transferred to this court, from the supreme court, under the provisions of the act of 1849. The -trial was had at bar.. The pleadings were very voluminous, and a great number of witnesses were examined, and numerous questions of law and fact were discussed, with great learning and ability, by the counsel on both sides. It is not deemed important, however, to state any of the facts except those upon which the decision actually turned, and these are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court.
Campbell, J.
In December, 1841, the complainants obtained a decree in chancery, for a deficiency on a sale of mortgaged premises in the city of New York, against the defendants, Jones and Graham, who were the original debtors. The decree was docketed, and subsequently transcripts filed in the counties of New York, Montgomery, and Monroe, but no execution was ever issued. The bill charges that at the time of the contracting of the original debt, and for a long time subsequent, the debtors were the owners of a large amount of real estate in all those counties, and that the same was…
2Cited by8 opinions
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Galloway v. HamiltonWisconsin Supreme Court · 1887
- Payne v. SheldonNew York Supreme Court · 1872
- Heye v. BollesNew York Court of Common Pleas · 1867
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