Barrett v. . Weber
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme' Court in the fifth judicial department, entered upon orders made March 26, 1889, one of which affirmed a judgment in favor of defendants in the first above-entitled action, and the other of which affirmed a judgment in favor of plaintiff in the second above-entitled action, both of which were entered upon decisions of the court on trial at Special Term.
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Appeals from judgments of the General Term of the Supreme' Court in the fifth judicial department, entered upon orders made March 26, 1889, one of which affirmed a judgment in favor of defendants in the first above-entitled action, and the other of which affirmed a judgment in favor of plaintiff in the second above-entitled action, both of which were entered upon decisions of the court on trial at Special Term. The first above-entitled action was brought to set aside a certificate, assignment, bond and mortgage executed by Joseph Barrett and Hester Barrett to Avery L. Smith and John B. Weber,…
1Opinion of the CourtO’Brien, J.
The plaintiff is the surviving member of a firm which was composed of himself and one Avery L. Smith, deceased. This action was brought to foreclose a mortgage given to the firm by the defendants, who are husband and wife, to secure the payment of their bond of $3,000, dated September 12, 1883, payable in two equal annual payments from the date thereof with semi-annual interest. The defense alleged that both the bond and mortgage were given without any consideration and were procured from the defendants by the plaintiff-or his firm by fraud, duress and undue influence; and further, that both…
2Cases cited1 opinion
- Haynes v. . RuddNew York Court of Appeals · 1880
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- Cass County Bank v. BrickerNebraska Supreme Court · 1892
- Yowell v. WalkerSupreme Court of Louisiana · 1906
- Edward C. Jones Co. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1898
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