Pennsylvania Coal Company v. . Blake
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 1,1879, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made April 1,1879, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed hy defendant Elizabeth M. Blake, who is wife of the defendant Clarence A. Blake, upon real estate owned hy her situate in the city of Buffalo, conditioned for the payment of six notes of $10,-000 each, executed by the firm of C. A. Blake & Co. to plaintiff,' of which firm said Clarence A. Blake was…
1Opinion of the Court
Folger, Ch. J.
The first point made by the appellant. is, that the mortgage given by her was without consideration and is void.
It is so, that the appellant took no money consideration, nor any strictly personal benefit, for the giving of the mortgage by her. It was made for the benefit of others than her, entirely as a security for debts owing by them, and to procure for them further credit and favor in business. In other words, the lands of the appellant became the surety for the liabilities of the business firm of which her husband was a member. It is so, also, that the contract of surety…
2Cases cited3 opinions
- McNaught v. . McClaughryNew York Court of Appeals · 1870
- Sage v. WilcoxSupreme Court of Connecticut · 1826
- Bailey v. FreemanNew York Supreme Court · 1809
3Cited by10 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- First National Bank v. . StoryNew York Court of Appeals · 1911
- Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
- Honsinger v. MulfordNew York Supreme Court · 1895
- Hartley Silk Manufacturing Co. v. BergSuperior Court of Pennsylvania · 1911
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