Murray v. Barney
New York Supreme Court
BOTH of these actions were brought to foreclose a mortgage executed by Fitzhugh and Littlejohn to the City Bank of Oswego, upon different pieces of land, to secure the same demand, and were tried together.
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BOTH of these actions were brought to foreclose a mortgage executed by Fitzhugh and Littlejohn to the City Bank of Oswego, upon different pieces of land, to secure the same demand, and were tried together. The condition was the same in both, and was as follows : “ This grant is intended as a security for the payment of the sum of fifty thousand dollars loaned and advanced by the said City Bank to the said Fitzhugh & Littlejohn on notes, drafts and checks, and also for the payment of any money or moneys that may hereafter be loaned or advanced by the said bank to the said Fitzhugh &…
1Opinion of the Court
By the Court, Morgan, J.
This is an appeal from a judgment for the foreclosure of two mortgages, entered up on the report of a referee. There were two suits, one to foreclose each mortgage; and as both were given for the same considration, the pleadings and evidence are the same in both cases. The mortgages were executed by Henry Fitzhugh and De Witt 0. Littlejohn and their wives, to the plaintiff; and both were conditioned to pay “ the sum of fifty thousand dollars, loaned and advanced by the said City Bank to the said Fitzhugh & Littlejohn, on notes, drafts and checks, and also for the…
2Cases cited3 opinions
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Snead v. McCoullSupreme Court of the United States · 1852
3Cited by2 opinions
- Berdan v. SedgwickNew York Supreme Court · 1863
- O'Brien v. FergusonNew York Supreme Court · 1885