Waring v. Smyth
New York Court of Chancery
This was an appeal from a decree of the late vice chancellor of the second circuit; allowing a demurrer, and dismissing the complainant’s hill as to four of the defendants.
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This was an appeal from a decree of the late vice chancellor of the second circuit; allowing a demurrer, and dismissing the complainant’s hill as to four of the defendants. The substance of the statements and charges in the bill was as follows: Previous to the 10th of May, 1836, N. F. Waring had lent or advanced to Charles Smyth, $3000; which the latter had promised to secure by a bond and mortgage upon lands in Jefferson county; and, as the complainant alleged upon information and belief, he agreed to make the bond and mortgage_payable on demand, and the interest payable semi-annually. On…
1Opinion of the Court
The Chancellor.
I do not find it stated in the bill, in this cause, whether the mortgaged premises belonged to Charles Smyth, at the date of the mortgage; or whether they belonged to his wife, so that his interest therein terminated at his death. Nor is it stated that either of the defendants who have demurred, claim to have a title or interest in the premises under him. It may not, therefore, be necessary to inquire whether there is any thing in the bill, from which it can be legally inferred that Charles Smyth ratified and assented to the alteration of the *132bond and mortgage. There is no…
2Cases cited1 opinion
- Runyan v. MersereauNew York Supreme Court · 1814
3Cited by38 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Howell v. . LeavittNew York Court of Appeals · 1884
- Pursley v. HayesSupreme Court of Iowa · 1867
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