Morehouse v. Morehouse
New York Supreme Court
Appeal by tbe defendant Joel B. Morehouse, by his committee, from a judgment, entered upon the trial' of this action at the Sara-toga Special Term.
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Appeal by tbe defendant Joel B. Morehouse, by his committee, from a judgment, entered upon the trial' of this action at the Sara-toga Special Term. The action is an equitable one, and was commenced on the 2d day of March, 1874, to collect a balance alleged by the plaintiff to be due and unpaid from the defendants to him on a joint bid made by the defendants Joel B. and Talcott B. Morehouse, at a sale of real estate on the foreclosure of a mortgage, by advertisement, which sale was made by plaintiff as assignee-of said mortgage, and took place on the 28th day of October, 1861. The mortgage was…
1Opinion of the Court
LandoN, J. :
The finding that Joel B. Morehouse has never paid anything upon or by reason of the bid upon the foreclosure sale, is in accord with the evidence of Joel himself. The elaborate argument of the appellant in opposition to this finding rests upon the fiction of a constructive payment for Joel by means of the payment of Talcott, when it is quite clear that it was the purpose of all the parties that Talcott’s payment should be for himself and for the release of his half of the farm, and not at all for the benefit of Joel or for the release of his half. If by means of any mistake in…
Also in this document: Concurrence.
2Cases cited4 opinions
- Clark v. VorceNew York Supreme Court · 1836
- Osborn v. BellNew York Supreme Court · 1848
- Bradley v. . MirickNew York Court of Appeals · 1883
- Jackson ex dem. Barton v. CrisseyNew York Supreme Court · 1829