Ferris v. . Spooner, Etc.
New York Court of Appeals
Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 18, 1884, which affirmed a judgment in favor of plaintiff, 'entered upon a decision of the court on trial without a jury.
Read the full summary
Appeal from judgment of the Court of Common Pleas in and for the city and county of New York, entered upon an order made January 18, 1884, which affirmed a judgment in favor of plaintiff, 'entered upon a decision of the court on trial without a jury. This action was for the foreclosure of a bond and mortgage, executed by one Coggeshall to plaintiff on the 15th of July, 1882. The bond purports to have been given as security for the payment of $27,000 with interest on demand, but it appeared before the trial court that the obligor was not in fact indebted to the plaintiff and received no money…
1Opinion of the CourtDanforth, J.
The appeal to this court is by Spooner as assignee. In substance he contends that the action is premature—that he might within the ninety days limitation go on with the contract, and at any rate that the plaintiff could not have payment or foreclosure until it expired. - But the plaintiff’s agreement to advance money and his promise to delay foreclosure were both dependent upon the undertaking of Coggeshall to erect the houses; when,- therefore, he repudiated the further performance of the contract, the plaintiff was discharged from all obligation to do either and set at liberty to enforce ■…
2Cases cited1 opinion
- Gillett v. BalcomNew York Supreme Court · 1849
3Cited by6 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Union Insurance Co. v. . Central Trust Co.New York Court of Appeals · 1899
- Marks v. Van EeghenCourt of Appeals for the Second Circuit · 1898
- Calhoun, Denny & Ewing v. PedersonWashington Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.