Palmer v. Gurnsey
New York Supreme Court
This was an action of assumpsit, tried at the Dutchess circuit, in November, 1830, before the Hon. James Emott, then one of the circuit judges. The action was brought to recover a sum of money lent to the defendant in February, 1825, by the guardian of Mrs. Palmer, from the funds of his ward. On the 28th June, 1826, Mrs. Palmer having arrived of age, accepted from the defendant his note for $634, being the amount loaned in 1825, with the interest thereof.
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This was an action of assumpsit, tried at the Dutchess circuit, in November, 1830, before the Hon. James Emott, then one of the circuit judges. The action was brought to recover a sum of money lent to the defendant in February, 1825, by the guardian of Mrs. Palmer, from the funds of his ward. On the 28th June, 1826, Mrs. Palmer having arrived of age, accepted from the defendant his note for $634, being the amount loaned in 1825, with the interest thereof. On the 13th May, 1829, the defendant executed to the husband of Mrs. Palmer a deed of 191 acres of land, situate in the town of Stanford,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only point in this case is, whether the deed and agreement constituted a mortgage. By the statute in force, applicable to this case, when the contract was entered into, it was enacted “ that every deed conveying a real estate, which by any other instrument or writing shall appear to have been intended only as a security in nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage.” 1 R. L. 373, § 3.
*250The judge was certainly correct in rejecting parol evidence to gjlew t[je intention of the parties. The intention was to •…
2Cited by10 opinions
- Glover v. PaynNew York Supreme Court · 1838
- Sewall v. HenrySupreme Court of Alabama · 1846
- Lawrence v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1855
- Baker v. ThrasherNew York Supreme Court · 1847
- Hunt v. Springfield Fire & Marine InsuranceSupreme Court of the United States · 1904
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