Legal Opinion

Gardner v. . Barden

New York Court of Appeals

Decided January 5, 1866PublishedCited by 6 opinions

1Opinion of the Court

On the first day of May, 1840, Lyman Barden and the defendant, Hiram W. Barden, executed to Adin Barden (their father) a bond and mortgage to secure the payment of $2,000 at the end of eleven years, with six per cent interest.

On the first day of January, 1847, Adin Barden assigned this bond and mortgage to Thomas E. Bowen and Adin Barden, Jr., an equal share to each.

In May, 1849, Thomas E. Bowen died intestate, leaving Electa Bowen, his widow, and Albert T. Bowen, his only child, and no other heirs. All his debts were paid.

The defendant, Hiram W. Barden, applied to the said Electa and Albert…

2Cases cited4 opinions

  1. Hunt v. . BennettNew York Court of Appeals · 1859
  2. Nolton v. MosesNew York Supreme Court · 1848
  3. Tousley v. . BarryNew York Court of Appeals · 1858
  4. Bruce v. WesterveltNew York Court of Common Pleas · 1854

3Cited by6 opinions

  1. Jennison v. HaireMichigan Supreme Court · 1874
  2. First National Bank v. HarveySouth Dakota Supreme Court · 1912
  3. People v. RoseNew York Supreme Court · 1889
  4. Livingston v. SperoAppellate Terms of the Supreme Court of New York · 1896
  5. London & Lancashire Fire Insurance v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1893

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