De Peyster v. . Hasbrouck
New York Court of Appeals
The action was commenced in September, 1848, by De Peyster against Joseph 0. Hasbrouck and Eliza his wife and others. The complaint alleged the following facts: That in January, 1846, Joseph 0. Hasbrouck applied to the plaintiff in New-York for the loan of $12,000, and represented that he owped about seventy acres of land, situate in New Paltz, Ulster co., with the buildings, &c. thereon, as mentioned in the certificates hereafter referred to, upon which he proposed to…
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The action was commenced in September, 1848, by De Peyster against Joseph 0. Hasbrouck and Eliza his wife and others. The complaint alleged the following facts: That in January, 1846, Joseph 0. Hasbrouck applied to the plaintiff in New-York for the loan of $12,000, and represented that he owped about seventy acres of land, situate in New Paltz, Ulster co., with the buildings, &c. thereon, as mentioned in the certificates hereafter referred to, upon which he proposed to execute a mortgage to secure the repayment of the loan. Subsequently, and during the negotiation, Hasbrouck produced and left…
1Opinion of the Court · DenioDenio, J.
I am prepared to concur with the supreme court in its conclusions upon the matters of fact, as they are stated in the opinion delivered by Mr. Justice Harris, before whom the action was tried. According to that opinion, which I think is sustained by the testimony, the defendant Joseph 0. Hasbrouck, in the spring of 1846, applied to the -complainant for a loan of $12,000, upon the security of certain real estate which Hasbrouck owned in the county of Ulster, and which he offered to mortgage to the plaintiff. It was understood between them that the real estate to be mortgaged was the same which…
Also in this document: Opinion of the Court · Allen.
2Cases cited2 opinions
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Wiswall v. HallNew York Court of Chancery · 1831
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- McCormick Harvesting Machine Co. v. WoulphSouth Dakota Supreme Court · 1898
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