Craig v. Ward
New York Supreme Court
OH the 24th of September, 1855, the defendant Ward assigned to the plaintiff, by a writing under seal, a bond and mortgage executed to Ward by Elisha P. Davis, dated the 6th of that month, conditioned to secure the payment of $2000 in five years from date, with interest semi-annually— the mortgage covering about 120 acres of land in Clarkson, Monroe county.
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OH the 24th of September, 1855, the defendant Ward assigned to the plaintiff, by a writing under seal, a bond and mortgage executed to Ward by Elisha P. Davis, dated the 6th of that month, conditioned to secure the payment of $2000 in five years from date, with interest semi-annually— the mortgage covering about 120 acres of land in Clarkson, Monroe county. The plaintiff paid $1500 therefor, by two checks, one in favor of the defendant Clark for $800, the other in favor of the defendant Ward for $700. The plaintiff was applied to, to purchase the bond and mortgage by the defendant Clark, who…
1Opinion of the Court
By the Court,
Johnson, J.
The action is brought to recover damages for false and fraudulent representations made by the defendants to the plaintiff, by which he was induced to purchase of them a certain bond and mortgage executed by one Davis, on the 6th of September, 1855.
The first question raised by the defendants’ counsel is upon the exception to the ruling at the trial admitting the evidence of the representations of the defendant Clark that the mortgage was a bona fide mortgage well secured, and that the mortgagor had a clear title to the land, and this mortgage was the first lien, and…
2Cases cited7 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Castle v. . NoyesNew York Court of Appeals · 1856
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Harrington v. SladeNew York Supreme Court · 1856
- Harmony v. BinghamThe Superior Court of New York City · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Smith v. United States Express Co.Illinois Supreme Court · 1890
- Cahnmann v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902
- Barrett v. WesternNew York Supreme Court · 1870
- Viele v. Goss.New York Supreme Court · 1867
8 more not listed; retrieve them via the Exa API.