Legal Opinion

Wheelock v. . Tanner

New York Court of Appeals

Decided September 5, 1868PublishedCited by 16 opinions

Action to foreclose a mortgage executed by the defendants to one Fisk, and by him assigned to the plaintiff’s testator. In April, 1857, the defendants purchased of Fisk certain real t state in Booneville, Oneida county, consisting in part of a wagon shop and premises, and executed to him a bond and mortgage for the whole of the purchase money, amounting to §7,750. The mortgage covered the whole of the premises purchased.

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Action to foreclose a mortgage executed by the defendants to one Fisk, and by him assigned to the plaintiff’s testator. In April, 1857, the defendants purchased of Fisk certain real t state in Booneville, Oneida county, consisting in part of a wagon shop and premises, and executed to him a bond and mortgage for the whole of the purchase money, amounting to §7,750. The mortgage covered the whole of the premises purchased. The bond was payable in lumber wagons, at a stipulated price, to be delivered at such places as the mortgagee should designate, in seven installments of $1,000 each, and one…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I think the court below erred in finding that there was not, in 1860,…

2Cited by16 opinions

  1. Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
  2. Cass v. . HigenbotamNew York Court of Appeals · 1885
  3. Banco Nacional De Cuba v. Chase Manhattan BankDistrict Court, S.D. New York · 1980
  4. Loughborough v. McNevinCalifornia Supreme Court · 1887
  5. Feldman v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1961

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