Hoyt v. . Martense
New York Court of Appeals
Appeal from the Supreme Court. The plaintiff brought his action to compel the defendant to account for the money-received by him upon the sale of certain lots of land'in .Wiliiamsburgh, and to convey to 'the plaintiff other lots remaining in his hands unsold, claiming that the lots, and the proceeds of such as had been sold, were held by the defendant as security for the payment of a debt by one Charles Hoyt.
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Appeal from the Supreme Court. The plaintiff brought his action to compel the defendant to account for the money-received by him upon the sale of certain lots of land'in .Wiliiamsburgh, and to convey to 'the plaintiff other lots remaining in his hands unsold, claiming that the lots, and the proceeds of such as had been sold, were held by the defendant as security for the payment of a debt by one Charles Hoyt. On the trial, at the Kings county circuit, before Mr. Justice Basculo, without a jury, the following facts appeared: On the 15th of August, 1840, Charles Hoyt, being indebted to the…
1Opinion of the CourtBowen, J.
This case cannot be distinguished, in principle, from Slee v. Manhattan Company (1 Paige, 48). In that case, as in this, the plaintiff, being the holder of a bond and mortgage, assigned them to the defendant, as security for a debt owing by the former to the latter, which mortgage was foreclosed by the assignee, and the mortgaged premises were bid in by him for a sum less than the amount secured by the mortgage, and less than the amount of the debt which the assignment was made to secure; and the assignee was required, on receiving the amount of his debt and interest, to convey the mortgaged…
2Cases cited1 opinion
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
3Cited by32 opinions
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Case v. . CarrollNew York Court of Appeals · 1866
- Holloway v. HollowaySupreme Court of Missouri · 1890
- In Re the Estate of GilbertNew York Court of Appeals · 1887
- Graydon v. ChurchMichigan Supreme Court · 1859
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