Colton v. Depew
Supreme Court of New Jersey
On appeal from, a decree advised by Vice-Chancellor Stevens, whose opinion is reported in 14 Dick. Ch. Rep. 126. This case was heard in the court of chancery before Frederic W. Stevens, vice-chancellor. A decree was made sustaining the mortgage, from which Chauncey M. Depew and the West Shore and Ontario Terminal Company appealed. The vice-chancellor allowed interest on the mortgage debt at the rate of six per cent. only.
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On appeal from, a decree advised by Vice-Chancellor Stevens, whose opinion is reported in 14 Dick. Ch. Rep. 126. This case was heard in the court of chancery before Frederic W. Stevens, vice-chancellor. A decree was made sustaining the mortgage, from which Chauncey M. Depew and the West Shore and Ontario Terminal Company appealed. The vice-chancellor allowed interest on the mortgage debt at the rate of six per cent. only. From this part of the decree the complainant appealed. The facts are these: On January 3d, 1863, Nathaniel Dole was the owner of a tract of land in Weehawken. On that day he…
1Opinion of the Court
The opinion of the court was delivered by
Depue, Chief-Justice.
The Weehawken Ferry Company became the owner of the mortgaged premises by deed from Delacroix and wife, dated December 31st, 1870. This deed conveyed the mortgaged premises subject to the mortgage now in question, and to the Corn-stock mortgage, with the following clause of assumption:
“The payment of which two mortgages with the interest thereon from this date is hereby assumed by the party of the second part, making together $23,500, which is part of the consideration money expressed in this conveyance.”
*457The estate vested in the…
2Cases cited4 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- The PizarroSupreme Court of the United States · 1817
- Spottiswoode v. Morris & Essex RailroadSupreme Court of New Jersey · 1898
- Whyte v. McGovernSupreme Court of New Jersey · 1889
3Cited by25 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Bookman v. R.J. Reynolds Tobacco Co.New Jersey Court of Chancery · 1946
- Wilson v. StevensNew Jersey Court of Chancery · 1929
- In Re O'MaraNew Jersey Superior Court Appellate Division · 1930
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