Newton v. . Stanley
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was' brought to foreclose a mortgage executed by the defendant Stanley to Lewis Stanley, deceased, on the 9th of July, 1851, to secure the payment of the sum of $1000, in ten equal annual payments, with interest at five per cent per annum, the first payment to be made on the 1st of April, 1852. The whole of the principal sum of $1000, and interest thereon from April 1, 1852, except the sum of $80 paid on the 28th of…
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Appeal from a judgment of the Supreme Court. The action was' brought to foreclose a mortgage executed by the defendant Stanley to Lewis Stanley, deceased, on the 9th of July, 1851, to secure the payment of the sum of $1000, in ten equal annual payments, with interest at five per cent per annum, the first payment to be made on the 1st of April, 1852. The whole of the principal sum of $1000, and interest thereon from April 1, 1852, except the sum of $80 paid on the 28th of June, 1856, was claimed to be due and unpaid; and it was not denied by the defendant. It was admitted, on the trial, that…
1Opinion of the CourtWright, J.
The appellant has no reason to complain of the disposition of the case in the court below. _ The judgment was more favorable to him than he had any legal right to expect; being only for that part of the mortgage debt not forgiven him by the will of his father. It was neither alleged nor proved by the defendant that the whole moneys due upon the mortgage were not required to pay the creditors of the testator. It was not for the executor to show affirmatively a deficiency of assets, to entitle hiin to maintain the action.
In any view of the case, the defendant was not in a situation to contest…
2Cited by12 opinions
- In re the Estate of SmallmanNew York Surrogate's Court · 1931
- Crawford v. . McCarthyNew York Court of Appeals · 1899
- In re the Construction of the Last Will & Testament of StrasenburghNew York Surrogate's Court · 1928
- Wright v. AustinNew York Supreme Court · 1865
- Ives v. CanbyU.S. Circuit Court for the District of Delaware · 1891
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