Legal Opinion

Latimer v. Veader

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1897PublishedCited by 12 opinions

Appeal by the defendant, James M. Veader, as executor, etc., of William H. Buxton, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 26th day of June, 1896, upon the decision of the court rendered after a trial at. the Hew York Special Term.

1Opinion of the Court

Ingraham, J.:

This action was brought to foreclose a mortgage made by one William H. Buxton, the appellant’s testator, to one Bainbridge Colby, and *419assigned by said Colby to the plaintiff Latimer, and was given to secure the performance of the covenants and conditions of a certain agreement bearing even date with the mortgage, viz., May 4, 1893. The condition of the mortgage was, “ Provided always that if the said party of the first part, his heirs, executors or administrators, shall faithfully do and perform all the covenants and conditions of the said agreement hereinbefore referred to on…

2Cases cited1 opinion

  1. Heacock v. ShermanNew York Supreme Court · 1835

3Cited by12 opinions

  1. General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
  2. Winkelman v. General Motors CorporationDistrict Court, S.D. New York · 1942
  3. Bell v. Kirby Petroleum Co.Court of Appeals of Texas · 1925
  4. Bohhoff v. WieHorstNew York Supreme Court · 1908
  5. West v. CarlisleCourt of Appeals of Texas · 1917

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