Burnett v. Wright
New York Supreme Court
Appeal from special term, Monroe county. Action by Mary J. Burnett against Charles S. Wright, executor, and another. Judgment dismissing the complaint and denying costs to defendants. Plaintiff appeals from the judgment dismissing the complaint, and defendants appeal from that portion denying costs.
1Opinion of the CourtDwight, P. J.
The action was to reform and foreclose a mortgage of real estate. The instrument set out in the complaint was in the usual form of a real-estate mortgage, reciting a consideration of $600 for the conveyance of the land, but omitting to mention any sum as the amount the payment of which it was intended to secure. The instrument was drawn upon one of the standard blanks for mortgages employed by scriveners in this state, and the blank was filled out in every respect, except that no words or figures were inserted in the blank in the sentence, “This grant is intended as security for the payment…
Also in this document: Concurrence.
2Cases cited1 opinion
- Wood v. Executors of RikerNew York Court of Chancery · 1829
3Cited by1 opinion
- Sprague v. CochranNew York Supreme Court · 1893