Hosford v. Merwin
New York Supreme Court
Iif Equity. On the 8th of December, 1834, Abraham Finch, of Lexington, in the couqty of Greene, being indebted to the plaintiff in the sum of $330, and to Alexander Merwin in the sum of $69, conveyed to the latter a farm in Lexington, containing 100 acres, of which he was the owner in fee, subject to an annual rent chargeable thereon. At the time of the conveyance the Tenners’ Bank of Catskill held a note against Finch for $100, which Merwin was liable to pay as endorser.
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Iif Equity. On the 8th of December, 1834, Abraham Finch, of Lexington, in the couqty of Greene, being indebted to the plaintiff in the sum of $330, and to Alexander Merwin in the sum of $69, conveyed to the latter a farm in Lexington, containing 100 acres, of which he was the owner in fee, subject to an annual rent chargeable thereon. At the time of the conveyance the Tenners’ Bank of Catskill held a note against Finch for $100, which Merwin was liable to pay as endorser. Finch was also the owner of a piece of land, adjoining the 100 acres conveyed to Merwin, containing 38 acres, which was…
1Opinion of the CourtHarris, J.
It was satisfactorily proved upon the hearing that the deed of the 8th of December, 1834, though executed without the knowledge of the plaintiff, was in fact executed for the joint benefit of the plaintiff and Alexander Merwin; that after the deed had been executed, the plaintiff, upon being informed that Merwin had taken the deed for their joint benefit, assented to it and agreed to pay, and did pay, the half of the note to the Tanners’ Bank, as a part of the consideration of the deed; that Merwin kept in his books accounts between himself and the plaintiff severally, in relation to the…
2Cited by26 opinions
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