Calkins v. Long
New York Supreme Court
I 1ST this case the plaintiff had lived on unpleasant terms with his wife, who is the sister of the defendant, and his wife had quit him in consequence of alleged ill treatment, and refused longer to live with the plaintiff.
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I 1ST this case the plaintiff had lived on unpleasant terms with his wife, who is the sister of the defendant, and his wife had quit him in consequence of alleged ill treatment, and refused longer to live with the plaintiff. The plaintiff, in order to secure to her a separate maintenance, gave and executed to the defendant a mortgage for $1700 upon his lands in Chenango county, conditioned to pay the defendant $100 annually, so long as Martha, the plaintiff’s wife, should remain the wife or widow of the plaintiff; and if default should be made in the payment of the said $100 annually, then…
1Opinion of the CourtMason, J.
As to the first point, it should be borne in mind that the mortgage, being under seal, imports a consideration. (Chitty on Cont. 28, 7th Am. ed. 2 Kent’s Com. 464, 6th Am. ed. 2 Black. Com. 446. Parker v. Parmele, 20 John. 130.) This mortgage, therefore, is founded upon a good and sufficient consideration, implied by the common law from the act of sealing and executing, and a mere failure Or want of consideration was not admissible to impeach a sealed instrument, at common law. (Parker v. Parmele, 20 John. 130, 134, and cases above cited.) Chief Justice Spencer said, in the case of Parker v.…
2Cases cited10 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Carson v. MurrayNew York Court of Chancery · 1831
- Burr v. BurrNew York Court of Chancery · 1842
- Parker v. ParmeleNew York Supreme Court · 1822
- Page v. TrufantMassachusetts Supreme Judicial Court · 1806
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Winter v. . WinterNew York Court of Appeals · 1908
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Brown v. BrownCalifornia Court of Appeal · 1927
- Pettit v. PettitNew York Court of Appeals · 1887
19 more not listed; retrieve them via the Exa API.