Spencer v. Executors of Harford
New York Supreme Court
Demurrer .to please. The declaration is in debt on bond executed by the testator to the plaintiff, bearing date 26th of April, 1817, and conditioned for the payment of $220, with interest on 1st. May, 1819. The defendants pleaded four pleas: 1. That on 26th April, 1817, the testator executed a mortgage to the plaintiff of 81 acres of land as collateral security, for the payment of the said sum of $220 ; that in Septemper, 1818, one Frederick Bushnell commenced a suit in…
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Demurrer .to please. The declaration is in debt on bond executed by the testator to the plaintiff, bearing date 26th of April, 1817, and conditioned for the payment of $220, with interest on 1st. May, 1819. The defendants pleaded four pleas: 1. That on 26th April, 1817, the testator executed a mortgage to the plaintiff of 81 acres of land as collateral security, for the payment of the said sum of $220 ; that in Septemper, 1818, one Frederick Bushnell commenced a suit in chancery against the testator and others ; that in that suit a decree was made, that the testator should pay to Bushnell…
1Opinion of the Court
By the Court,
Savage, C. J.
The defendants plead four pleas, the object of which seems to be to set up the same defence, to wit, a satisfaction of the debt by an extinguishment of a mortgage which was given as collateral security at the same time the bond was executed.
The effect of a foreclosure of a mortgage given to secure a bond debt, has been fully considered by Mr. Justice Story, in Hatch v. White, (2 Gallison, 152,) who comes to the conclusion that in all the cases there is no difference of opinion among the learned jurists whose decisions had been considered, “ that at law a foreclosure…
2Cases cited1 opinion
- Hatch v. WhiteU.S. Circuit Court for the District of New Hampshire · 1814
3Cited by16 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Harrison v. HallNew York Court of Appeals · 1924
- Van Dyne v. ThayreNew York Supreme Court · 1838
- Herkimer Manufacturing & Hydraulic Co. v. SmallNew York Supreme Court · 1839
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
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