Carpenter v. . Soule
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 20, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 20, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to have it adjudged that a bond and mortgage executed by plaintiff to Azel Carpenter, plaintiff’s testator, was paid and satisfied, and to compel a cancellation thereof, and a discharge of the mortgage of record. The court found the following facts: “ That on June 3, 1873, the plaintiff executed to Azel Carpenter' the…
1Opinion of the CourtFinch, J.
The receipt for $2,000 to apply on the bond and ' mortgage held by the father against the son is found by the trial court to have been executed and delivered by the mortgagee at its date, voluntarily and of his own free will, without any undue influence, fraud or duress, and when he was entirely competent, both mentally and physically, to make a valid disposition of his property, and was executed and delivered for the purpose, and with the intention of making a gift of so much of the mortgage debt to the plaintiff, and extinguishing to that extent his liability. The evidence in the case was…
2Cases cited1 opinion
- Cowee v. . CornellNew York Court of Appeals · 1878
3Cited by38 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Harrington v. . SchillerNew York Court of Appeals · 1921
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- Parker v. . MottSupreme Court of North Carolina · 1921
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