Reed v. Marble
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the eighth circuit, dismissing the complainant’s bill with costs. In July, 1835, E. B. Wesley sold and conveyed a lot in Buffalo to the defendant Marble, and took back from him a bond and mortgage, to secure the payment of $700 of the purchase money.
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This was an appeal from a decree of the vice chancellor of the eighth circuit, dismissing the complainant’s bill with costs. In July, 1835, E. B. Wesley sold and conveyed a lot in Buffalo to the defendant Marble, and took back from him a bond and mortgage, to secure the payment of $700 of the purchase money. Wesley assigned the bond and mortgage to Allen, and the latter assigned and delivered them to J. D. Jennings, in March, 1837. In the fall of 1838, Jennings called upon Wesley to inquire as to the responsibility of Marble, and learning that it was doubtful, left the bond with Wesley, with…
1Opinion of the Court
The Chancellor.
Wesley was a competent witness to prove the fact of his agency and the other matters testified to by him. And no written power was necessary, to authorize him to receive a conveyance of the equity of redemption in the mortgaged premises and to agree to give up the bond of the mortgagor, and to discharge the mortgagor from his personal liability for the debt, in consideration of such conveyance. No question therefore arises upon the statute of frauds in relation to that matter. If the conveyance had not actually been made by Marble until after he had notice of the revocation of…
2Cited by14 opinions
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- Hollinshead v. John Stuart & Co.North Dakota Supreme Court · 1898
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Van Keuren v. . CorkinsNew York Court of Appeals · 1876
- Berlack v. HalleSupreme Court of Florida · 1886
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