Murdock v. . Waterman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 12,1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, after trial of certain specific facts by a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 12,1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term, after trial of certain specific facts by a jury. The nature of the action and the facts, so far as material, are stated in the opinion. There is no evidence in the case that Griswold was the agent of either of the defendants, or that he had any authority to represent either of them, except as special guardian of Mary Lamb, appointed by the…
1Opinion of the Court
Andrews, Ch. J.
The only question arises upon the defense of the Statute of Limitations. The action is for the foreclosure of a mortgage executed by Alanson Lamb and Daniel Lamb to Harvey Murdock and Erastus Robinson, dated Sept. 21, 1861, to secure the payment of $826, with interest, in installments, the last of which became due Sept. 21, 1865. The mortgage contains an express covenant of payment in the same terms as in the bond of the mortgagors executed concurrently therewith, and purports to bind them, “ their heirs, executors and administrators.” The mortgaged premises consisted of a…
2Cases cited9 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Winchell v. . HicksNew York Court of Appeals · 1859
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Harper v. . FairleyNew York Court of Appeals · 1873
- Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Clute v. . CluteNew York Court of Appeals · 1910
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
- Cook v. AtkinsSupreme Court of Alabama · 1911
- Boughton v. HarderAppellate Division of the Supreme Court of the State of New York · 1899
31 more not listed; retrieve them via the Exa API.