Hiscock v. Phelps
New York Supreme Court
Appeal on the part of George W. Phelps from a judgment entered on the report of a referee. The action was brought to foreclose a mortgage upon the lands and premises described in the .complaint, executed to Jacob M. Cook, by the defendants, Charles G. Kenyon, Peter Mumford, John P. Sliumway, and John S. Kenyon, bearing date the 11th day of May, 1866, described in the ffrst count ■ of the complaint.
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Appeal on the part of George W. Phelps from a judgment entered on the report of a referee. The action was brought to foreclose a mortgage upon the lands and premises described in the .complaint, executed to Jacob M. Cook, by the defendants, Charles G. Kenyon, Peter Mumford, John P. Sliumway, and John S. Kenyon, bearing date the 11th day of May, 1866, described in the ffrst count ■ of the complaint. And also to foreclose a mortgage executed to Cook by the same defendants upon the same premises, and bearing date the 29th day of February, 1868, described in the second count. George W. Phelps was…
1Opinion of the Court
By the Court
Foster, J.
I have examined with some' care, the questions arising on the merits on this appeal, and have come to the conclusion, that the report of the referee, and judgment entered thereon were correct.
I have no doubt upon the facts proved, that from the 11th day of May, 1866, when the deeds of Cook and of Charles G. Kenyon were executed to the parties composing the firm of Charles G. Kenyon & Co., for the purposes of, and to be used for the copartnership business, and to be paid for out óf the joint fund, which the copartners were to contribute toward its capital, that in equity,…
2Cases cited1 opinion
- Potter v. BakerNew York Court of Chancery · 1834
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- Wheeler v. HartshornWisconsin Supreme Court · 1876
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