Keeler v. . Salisbury
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was on a penal bond executed by the defendant to the plaintiff, conditioned for the payment of $2,911 and interest, by certain installments.
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Appeal from a judgment of the Supreme Court. The action was on a penal bond executed by the defendant to the plaintiff, conditioned for the payment of $2,911 and interest, by certain installments. It was dated April 1, 1839. The defense was payment; and that, on the 19tli of April, 1842, after certain payments had been made on account, but not sufficient to satisfy the installments which had become payable, an agreement had been made by which, in consideration that the defendant would mortgage to the plaintiff a piece of land of thirty-six acres, as further security for the debt, which then…
1Opinion of the Court
Demo, Oh. J.
There was evidence sufficient to be submitted to the jury, both of an original authority to Hoyt to enter into the arrangement for reducing the debt, and of a subsequent ratification of that agreement, supposing there had been a want of original authority. Such a contemplated arrangement had been discussed between the parties" in the presence of Hoyt, when the plaintiff was in Yates county, and the plaintiff had referred the defendant to Hoyt as a person with whom he might transact his business respecting the mortgage debt. ¡Nothing, however, was immediately done, and Hoyt, by the…
2Cases cited5 opinions
- Boyd v. HitchcockNew York Supreme Court · 1822
- Seymour v. MinturnNew York Supreme Court · 1819
- Douglass v. WhiteNew York Court of Chancery · 1846
- Edeck v. RamuerNew York Supreme Court · 1807
- Strang v. HolmesNew York Supreme Court · 1827
3Cited by23 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Fitzgerald ex rel. Stockholders of the Fitzgerald & Mallory Construction Co. v. Fitzgerald & Mallory Construction Co.Nebraska Supreme Court · 1895
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Allison v. . AbendrothNew York Court of Appeals · 1888
- Frye v. HubbellSupreme Court of New Hampshire · 1907
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