Halsey v. Reed
New York Court of Chancery
This was an appeal by the executor and executrix of J. M. Halsey deceased, from the sentence and decree of the surrogate of the county of Kings, decreeing the payment of the amount of a bond and mortgage out of the estate of the decedent, in the hands of the appellants as his personal representatives.
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This was an appeal by the executor and executrix of J. M. Halsey deceased, from the sentence and decree of the surrogate of the county of Kings, decreeing the payment of the amount of a bond and mortgage out of the estate of the decedent, in the hands of the appellants as his personal representatives. The facts of the case, as they appeared from the surrogate’s return, were substantially these : In May, 1835, the respondent Reed gave to Johnson & WyckoE a bond and mortgage on a tract of land in the city of Brooklyn, to secure the payment of $6000, in one year, with interest at the rate of six…
1Opinion of the Court
The Chancellor.
The question whether the recovery of nominal damages in the supreme court is a technical estoppel to any further claim against the personal representatives of Halsey for the non-payment of the bond and mortgage, depends upon the true construction of the agreement which is recited in the deed from Reed to Halsey. If it was intended as an absolute and unconditional promise on the part of Halsey to pay the principal and interest of this bond and mortgage to Reed, so as to enable him to sue. and recover upon that promise in his own name, although he had not been compelled or…
2Cases cited3 opinions
- Schemerhorn v. VanderheydenNew York Supreme Court · 1806
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Bank of Auburn v. ThroopNew York Supreme Court · 1821
3Cited by65 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Keller v. AshfordSupreme Court of the United States · 1890
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Willard v. WoodSupreme Court of the United States · 1890
- Dunning v. . LeavittNew York Court of Appeals · 1881
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