Barber v. Hathaway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Azariah J. Hathaway, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 26th-day of July, 1899, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 5th day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merwin, J.:
On April 2, 1883, A. Palmer Barber duly executed and delivered to David Beekman a bond conditioned for the payment of the sum of $1,800 in six equal annual payments, with interest annually. As security for such payment, A. Palmer Barber and Jane, his wife, at same date, duly executed and delivered to Beekman a mortgage on certain real estate in the town and village of Morris. The bond and- mortgage were assigned by Beekman' to Jane Barber, the plaintiff, by assignment dated January 2, 1892, but not delivered until March. 18, 1891. The full amount of the principal was then unpaid,…
2Cases cited3 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Wilson v. . LittleNew York Court of Appeals · 1849
- Griggs v. . DayNew York Court of Appeals · 1892
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- Hazleton v. HoltCourt of Appeals of Texas · 1926
- Thomas v. . ZahkaNew York Court of Appeals · 1920
- Thomas v. ZahkaNew York Supreme Court · 1917
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