Legal Opinion

Stoddard v. . Hart

New York Court of Appeals

Decided September 5, 1861PublishedCited by 30 opinions

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In a loose and general sense the equity of this case is on the side of the defendant, because he made the subsequent advance of $180, it being agreed that this, as well as the original sum of $200, should be considered as secured by the mortgage. The question, however, is, whether the rules of law will give that effect to the transaction.

It will be convenient first to determine the legal construction and effect of the mortgage, unaided by the parol facts, but…

2Cases cited2 opinions

  1. Hunt v. RhodesSupreme Court of the United States · 1828
  2. Kortright v. . CadyNew York Court of Appeals · 1860

3Cited by30 opinions

  1. Sleeth v. . SampsonNew York Court of Appeals · 1923
  2. Rison v. NewberrySupreme Court of Virginia · 1894
  3. Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
  4. Hester v. GairdnerSupreme Court of Georgia · 1907
  5. Ebling Brewing Co. v. GennaroAppellate Division of the Supreme Court of the State of New York · 1919

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