McGiven v. Wheelock
New York Supreme Court
In Egiuity. The bill in this cause was filed to foreclose a mortgage executed by the defendants Wheelock and Penniman, on the 7th of February, 1834, to N. M. Woodruff, to secure the payment of $567,72, with interest. Tire bill alledged an assignment of the mortgage from Woodruff to John Clarke, executed on the 31st of August, 1839, and an assignment from Clarke to the plaintiff, made on the 8th of March, 1847. The bill was taken as confessed by the defendant Wheelock.
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In Egiuity. The bill in this cause was filed to foreclose a mortgage executed by the defendants Wheelock and Penniman, on the 7th of February, 1834, to N. M. Woodruff, to secure the payment of $567,72, with interest. Tire bill alledged an assignment of the mortgage from Woodruff to John Clarke, executed on the 31st of August, 1839, and an assignment from Clarke to the plaintiff, made on the 8th of March, 1847. The bill was taken as confessed by the defendant Wheelock. Penniman put in an answer, in which he alledged that after the making of the mortgage, and the bond accompanying the same, it…
1Opinion of the Court
By the Court, Gridley, J.
We think that the bill in this cause should be dismissed, upon grounds which we will proceed to state with as much brevity as possible.
I. We are of the opinion that the inference may be justly drawn from the acts of Wheelock, and his agreement with Mr. Clarke, that as between him and Penniman, he had assumed to pay the debt which the mortgage in question was executed to secure.
(1.) The debt was, when contracted, due from the defendants jointly, and though payable in one year, was suffered to remain unpaid until the 15th of April, 1843. At that time Whee-lock did in…
2Cited by23 opinions
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- Thomas v. LinnWest Virginia Supreme Court · 1894
- Boos v. MorganIndiana Supreme Court · 1892
- Trident Marine Construction, Inc. v. District EngineerCourt of Appeals for the Sixth Circuit · 1985
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