Green v. Hart
New York Supreme Court
AYLMAR TOHNSON, on the 2cl September, 1796, be- . . . J 7 íngjustly indebted to William Green, m the sum of jgl55l 64 cts- Save him a promissory note for that sum, payable to him, or his order, at the Bank of New-Tork, on the 1st of May, 1798. To secure the payment of this note, Jonas Platt, who was a trustee of Johnson, executed a mortgage of two lots of land in Corley’s Manor, which was duly registered.
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AYLMAR TOHNSON, on the 2cl September, 1796, be- . . . J 7 íngjustly indebted to William Green, m the sum of jgl55l 64 cts- Save him a promissory note for that sum, payable to him, or his order, at the Bank of New-Tork, on the 1st of May, 1798. To secure the payment of this note, Jonas Platt, who was a trustee of Johnson, executed a mortgage of two lots of land in Corley’s Manor, which was duly registered. In October, 1796, Green indorsed the note to the respondent, and delivered it to him, with the mortgage, which he bolds. The respondent filed his bill against the appellant and others,…
1Opinion of the CourtSpencer, J.
delivered the unanimous opinion of the court. On the argument, it has been insisted by the appellant’s counsel,
1st. That the respondent having, in his bill of complaint, interrogated the appellant, as to the consideration for the note and mortgage, his answer, in relation to the usury, becomes evidence in the cause, and is not disproved.
2d. That it was not Green's intention to transfer the mortgage to Hart ; and had it been so, nothing passed by the mere delivery, as the statute, to prevent frauds and perjuries, requires a deed or note in writing.
*5903d. That the decree is erroneous, in directing…
2Cited by49 opinions
- Parsons v. WellesMassachusetts Supreme Judicial Court · 1821
- Atkinson v. ManksNew York Supreme Court · 1823
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- Reeves v. HayesIndiana Supreme Court · 1884
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