Hanford v. Rogers
New York Supreme Court
This cause was tried at the New-York circuit. On 1st Feb. 1838, one Hastings executed his bond to the defendant in the penalty of $584, conditioned for the payment to the defendant, or his assigns, of the sum of $292, on 1st February, 1843, with interest at 6 per cent per annum, payable half yearly. Two payments, viz., of $34,32 and $88, were made on 28th January, 1840, and indorsed on the bond.
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This cause was tried at the New-York circuit. On 1st Feb. 1838, one Hastings executed his bond to the defendant in the penalty of $584, conditioned for the payment to the defendant, or his assigns, of the sum of $292, on 1st February, 1843, with interest at 6 per cent per annum, payable half yearly. Two payments, viz., of $34,32 and $88, were made on 28th January, 1840, and indorsed on the bond. On the 28th November, 1842, the defendant, by an instrument under his hand and seal, assigned to the plaintiffs the bond and mortgage, and the moneys to grow due thereon, with the interest, in…
1Opinion of the Court
By the Court,
Mitchell, J.
Here the assignment and the guaranty were executed at the same time, and relate to the same subject matter ; and it is well contended, that they are therefore to be construed as but one instrument. This principle has been repeatedly recognized in our courts. In Cornell v. Todd, (2 Denio, 133,) Bronson, Ch. J. says, “ it is undoubtedly true, that several deeds or other writings executed between the same parties, at the same time, and relating to the same .subject matter, and so constituting parts of one transaction, should be read and construed together as forming…
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