Calhoun v. Calhoun
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Benjamin Calhoun and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 30th day of June, 1899, upon the report of a referee adjudging $900 to be due on a mortgage held by the plaintiff and decreeing the foreclosure thereof, with notice of an intention to bring up for review upon such appeal the order confirming said report.
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Appeal by the defendants, Benjamin Calhoun and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 30th day of June, 1899, upon the report of a referee adjudging $900 to be due on a mortgage held by the plaintiff and decreeing the foreclosure thereof, with notice of an intention to bring up for review upon such appeal the order confirming said report. The action was commenced on the 25th day of February, 1897, to foreclose a certain mortgage made and executed by the defendant Benjamin Calhoun and Jessie…
1Opinion of the Court
McLennan, J.:
The defendant seeks to prevent a recovery in this case upon three grounds:
1. Because the mortgage in suit was executed and delivered without consideration;
2. Because, even if the covenant to support the plaintiff constituted a valid and binding obligation upon the defendant, there was no such breach of the covenant as would entitle the plaintiff to maintain this action, and
3. It is insisted that, in any event, there not having been a total breach of the covenant, the plaintiff is not entitled to recover in this action for future support.
*526The dealings between the plaintiff and…
2Cases cited2 opinions
- Morris v. . WardNew York Court of Appeals · 1867
- Spalding v. HallenbeckNew York Supreme Court · 1859
3Cited by3 opinions
- POTATO SALES COMPANY, INC., Petitioner, v. DEPARTMENT OF AGRICULTURE, RespondentCourt of Appeals for the Ninth Circuit · 1996
- Kinney v. . KinneyNew York Court of Appeals · 1917
- Collins v. CollinsCity of New York Municipal Court · 1949