Gouverneur v. Elmendorf
New York Court of Chancery
THE defendant, Elmendorf, gave a bond, on the 1st October, 1802, to the testator, N. (?., in his lifetime, for the payment of 5,000 dollars, the one half in two years, and the other half in three years ; to secure the payment of which, E. executed a mortgage on certain lands in Ulster county. The bond remaining unpaid, the plaintiffs filed their bill in August, 1810, for a foreclosure of the equity of redemption^ and a sale of the mortgaged premises, to satisfy the debt.
Read the full summary
THE defendant, Elmendorf, gave a bond, on the 1st October, 1802, to the testator, N. (?., in his lifetime, for the payment of 5,000 dollars, the one half in two years, and the other half in three years ; to secure the payment of which, E. executed a mortgage on certain lands in Ulster county. The bond remaining unpaid, the plaintiffs filed their bill in August, 1810, for a foreclosure of the equity of redemption^ and a sale of the mortgaged premises, to satisfy the debt. The bill was taken pro confesso against Ten Eyck and Doll, the two other defendants, who had purchased parts of the…
1Opinion of the Court
The Chancellor.
After a diligent consideration of the defence set up in this case, I am not able to perceive any sufficient ground for denying to the plaintiffs the ordinary remedy upon their mortgage.
The bond and mortgage charged in the bill, and admitted in the answer, were executed on the 1st of October, 1802. They were given to the plaintiffs, as executors of Nicholas Gouvernevr, deceased, to secure part of the consideration upon the sale of Cl several land office treasury warrants of Virginia, and of the estate and interest of N. G , and of the executors, to all the lands which had, or…
2Cases cited2 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Frost v. RaymondNew York Supreme Court · 1804
3Cited by13 opinions
- Decker v. SchulzeWashington Supreme Court · 1895
- Bowen v. ThrallSupreme Court of Vermont · 1856
- Thorkildsen v. CarpenterMichigan Supreme Court · 1899
- Stewart v. CrosbySupreme Judicial Court of Maine · 1863
- Board of Directors v. Cottonwood Lumber Co.Supreme Court of Arkansas · 1908
8 more not listed; retrieve them via the Exa API.