Hopkins v. . Ensign
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a judgment in .favor of plaintiff entered upon the report of a referee. This action was to foreclose a mortgage upon real estate in the city of Buffalo, and made by the defendant Mary A. Ensign to Truman C. White, to secure the payment of $2,500 and interest, and by said White assigned to the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 21, 1887, which affirmed a judgment in .favor of plaintiff entered upon the report of a referee. This action was to foreclose a mortgage upon real estate in the city of Buffalo, and made by the defendant Mary A. Ensign to Truman C. White, to secure the payment of $2,500 and interest, and by said White assigned to the plaintiff. The material facts were as follows: Charles Ensign died insolvent, seized of the property in question, and by his will devised the same to…
1Opinion of the CourtBrown, J.
The defense tó this action was placed upon two grounds: (1) That the bond and mortgage in suit was obtained by duress. (2) That it was not supported by a valid and legal ■consideration.
The referee found that Mrs. Ensign executed the bond and mortgage “ intelligently and without duress, with full knowledge of all her rights,” and as there was ample evidence to support that conclusion, the exception to that finding need not be further referred to.
The lack of a valid consideration to support the contract is said to result from the agreement on the part of the mortgagee not to bid at the…
2Cases cited5 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- People v. . StephensNew York Court of Appeals · 1878
- Doolin v. WardNew York Supreme Court · 1810
- Thompson v. DaviesNew York Supreme Court · 1816
- Garrett v. MossIllinois Supreme Court · 1858
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- Carp v. KaplanMassachusetts Supreme Judicial Court · 1925
- Manhattan Taxi Service Corp. v. Checker Cab Manufacturing Corp.New York Court of Appeals · 1930
- Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
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