Marsh v. Pike
New York Court of Chancery
This was an appeal by the defendant Towle from so much of the decree of the vice chancellor of the first circuit as directs the appellant to pay and discharge the bond and mortgage given by the complainant to the defendant Pike, in exoneration and discharge of the liability of the complainant j and as gives a remedy over against him, by the defendant McLean, if the latter should be compelled to pay the amount due under such decree.
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This was an appeal by the defendant Towle from so much of the decree of the vice chancellor of the first circuit as directs the appellant to pay and discharge the bond and mortgage given by the complainant to the defendant Pike, in exoneration and discharge of the liability of the complainant j and as gives a remedy over against him, by the defendant McLean, if the latter should be compelled to pay the amount due under such decree. The complainant cannot be deemed a surety for the appellant Towle, as there exists no privity of contract between them. The complainant has his action at law…
1Opinion of the Court
The Chancellor.
The facts in this case are not disputed j and the only question is whether the complainant was entitled to the relief granted as against the defendant Towle, upon these facts : In January, 1839, the complainant, who was the owner of lot No. 29, Fourth-street, in the city of New-York, gave to the defendant Pike his bond, conditioned for the payment of $3000 in three years, with interest thereon, payable semi-annually. In April, 1841, the complainant conveyed the mortgaged premises to the defendant McLean, subject to the mortgage, the amount of which was deducted from the…
2Cases cited1 opinion
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by54 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Crawford v. EdwardsMichigan Supreme Court · 1876
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