Clarke v. . Sheehan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the fourth department, affirming a judgment entered upon the report of a referee, in favor of defendants.
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Appeal from a judgment of the General Term of the Supreme Court, in the fourth department, affirming a judgment entered upon the report of a referee, in favor of defendants. This action is to foreclose a mortgage, bearing date the 16th day of October, 1866, executed by the defendants to the plaintiff, conditioned to pay to the plaintiff the sum of $500 in one year from the date of the mortgage, with the interest thereon, and to faithfully fulfill the conditions of a certain contract, executed by the defendant, Thomas Sheehan, to the plaintiff and one William Allen, bearing even date with the…
1Opinion of the CourtRapallo, J.
From the findings of the referee, it appears that the loan of $500 was not the inducement to the undertaking of the defendant Thomas Sheehan, to furnish composition and harden pipes for the plaintiff’s firm, but that that engagement had been verbally made before the loan was suggested, and the loan was applied for by the defendant for the avowed purpose of enabling him to carry out such previous engagement. -He was perfectly willing, and it seems desirous at that time, to furnish the composition and harden the pipes at the stipulated prices, and the referee .has found that they were fair. The…
2Cases cited7 opinions
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
- Utica Insurance v. CadwellNew York Supreme Court · 1829
- Valentine v. . ConnerNew York Court of Appeals · 1869
- Seymour v. MarvinNew York Supreme Court · 1851
- Thomas v. . MurrayNew York Court of Appeals · 1865
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3Cited by27 opinions
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- Darden v. SchuesslerSupreme Court of Alabama · 1907
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