Jackson ex dem. Barclay v. Blodget
New York Supreme Court
Ejectment, for part of lot No. 79, in the township of Virgil, and county of Cortland, tried at the circuit in that county, September 22d, 1832, before Rochester, C. Judge. On the trial, the plaintiff gave in evidence a mortgage from one Hopkins to Barclay, one of the lessors of the plaintiff, of the premises in question, dated July 20th, 1815; which was proved and registered on the same day.
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Ejectment, for part of lot No. 79, in the township of Virgil, and county of Cortland, tried at the circuit in that county, September 22d, 1832, before Rochester, C. Judge. On the trial, the plaintiff gave in evidence a mortgage from one Hopkins to Barclay, one of the lessors of the plaintiff, of the premises in question, dated July 20th, 1815; which was proved and registered on the same day. This mortgage was conditioned for the payment of 450 bushels of rye, and 4 barrels of pork, according to the condition of a bond hearing the same date. He then gave in evidence an assignment, endorsed…
1Opinion of the Court
Curia, per Sutherland, J.
The bond from Hopkins to Barclay, was assigned by Barclay, to Rice, on the 28th of August, 1815 ; and notice of the assignment was given by Rice to Hopkins within three days thereafter.
The power of attorney from Barclay to Cole, to ask for and receive, &e. all that was due from Hopkins and others to Barclay, was given the 8th of November, 1815; more than two months after the assignment from Barclay to Rice. So far, therefore, as this demand against Hopkins was concerned, the power of attorney was a nullity. There was nothing due from Hopkins to Barclay upon it. The…
2Cases cited2 opinions
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Green v. HartNew York Supreme Court · 1806
3Cited by30 opinions
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- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Conyngham v. SmithSupreme Court of Iowa · 1864
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