Burt v. Myers
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. April 1, 1856, a manufacturing corporation of the State of New Jersey mortgaged its real estate to secure an issue of fifty bonds for $1,000 each. Forty-eight of these bonds were issued.
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Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. April 1, 1856, a manufacturing corporation of the State of New Jersey mortgaged its real estate to secure an issue of fifty bonds for $1,000 each. Forty-eight of these bonds were issued. October 5,. 1864, another manufacturing corporation of that State having succeeded to the property of the first corporation, mortgaged it to secure 100 bonds for $1,000 each and fifty bonds for $500 each, December 29, 1865, the corporation last mentioned became insolv ent, and a receiver was appointed. At this time there…
1Opinion of the Court
Follett, J. :
The referee does not find that defendant’s testator took or applied the bonds pursuant to the contract of March 29, 1867, or pursuant to any agreement or understanding with the plaintiff. On the con*280trary, it is found that October 8,1867, defendant’s testator received tbe bonds from Sedgwick “ without the knowledge, consent or authority of the said plaintiff,” and that, on the thirty-first of the same month they were applied in part payment of the purchase-price of seven-sixteenths of the mortgaged property, and “that said plaintiff in no way co-operated with said Austin Myers in…
2Cases cited6 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Decouche v. SavetierNew York Court of Chancery · 1817
- Borst v. . CoreyNew York Court of Appeals · 1857
- Leonard v. PitneyNew York Supreme Court · 1830
- Humbert v. The RectorNew York Court of Chancery · 1838
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