Melick v. Dayton
Supreme Court of New Jersey
On appeal from a decree of the chancellor, whose opinion is reported in Dayton v. Melick, 5 Stew. Eq. 670.
1Opinion of the Court
The opinion of the court was delivered by
Parker, J.
Charles H. Dayton filed a bill to foreclose a mortgage given him by Peter W. Melick. The bond to secure which the mortgage was given, was for part payment of purchase-money of a mill-seat and tract of land, which Dayton conveyed to Melick.
Melick admits the execution of the bond and mortgage, but alleges he does not owe thereon as large a sum as is demanded in the bill of complaint.
He insists, first, that Dayton has not given him credit for all the payments he has made on the bond; and, secondly, that Dayton, at the time of the sale,…
2Cases cited1 opinion
- Mann v. PearsonNew York Supreme Court · 1806
3Cited by6 opinions
- Wilson v. StevensNew Jersey Court of Chancery · 1929
- Curtiss-Warner Corp. v. ThirkettleNew Jersey Court of Chancery · 1926
- Levine v. Lafayette Building Corp.New Jersey Court of Chancery · 1928
- Feinberg v. RowanNew Jersey Court of Chancery · 1932
- Harris v. MillowayCourt of Appeals of Arkansas · 1983
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