Cowdrey v. Carpenter
New York Court of Appeals
Nathaniel A. Cowdrey sued Jacob Carpenter, in the New York superior court, on a written agreement, given by Carpenter to Cowdrey, on selling him a mortgage, by which agreement Carpenter covenanted tliar in case of the foreclosure of a certain prior mortgage, which included other lots besides those included in the mortgage assigned, the order of sale should require such other lots to be first sold, for payment of the prior mortgage.
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Nathaniel A. Cowdrey sued Jacob Carpenter, in the New York superior court, on a written agreement, given by Carpenter to Cowdrey, on selling him a mortgage, by which agreement Carpenter covenanted tliar in case of the foreclosure of a certain prior mortgage, which included other lots besides those included in the mortgage assigned, the order of sale should require such other lots to be first sold, for payment of the prior mortgage. The facts concerning the mortgages, as far as proved on the trial, were that Benj. W. Bonney made a mortgage to Alfred Roe for five thousand dollars, upon nine…
1Opinion of the CourtLott, J.
The principal question presented by the facts above stated, is whether the agreement which is the foundation of this action is valid.
The general term of the superior court, in the opinion given on the reversal of the judgment, placed its decision on the ground that it is void; first, because it is against public pol*449icy; and, second, because it is in the nature of a wager, and prohibited by statute.
We cannot concur in this conclusion.
It is fairly inferable, in the absence of proof or even a suggestion to the contrary, that Judge Bonney, at the time of the execution of the mortgage given by…
2Cases cited3 opinions
- Clement v. . CashNew York Court of Appeals · 1860
- Schryver v. TellerNew York Court of Chancery · 1841
- Rathbone v. ClarkNew York Court of Chancery · 1842