Bank of Auburn v. Roberts
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee. The action was brought against Edward Bradfield and Henry Roberts, for the foreclosure of a mortgage given by them. Lewis Roberts, Addison F. Roberts and Gk W. Burbank, partners composing the firm of L. Roberts & Go. were joined as defendants, and were sought to be charged with the deficiency, if any there should be, on the sale of the premises.
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APPEAL by the defendants from a judgment entered upon the report of a referee. The action was brought against Edward Bradfield and Henry Roberts, for the foreclosure of a mortgage given by them. Lewis Roberts, Addison F. Roberts and Gk W. Burbank, partners composing the firm of L. Roberts & Go. were joined as defendants, and were sought to be charged with the deficiency, if any there should be, on the sale of the premises. The referee found the following facts : That the defendants, Edward Bradfield and Henry Boberts, made, executed and delivered to the plaintiffs the bond and mortgage set…
1Opinion of the Court
By the Court, E. D. Smith, J.
The chief question upon this appeal is whether the plaintiffs have any lien, legal or equitable, upon the moneys awarded by the canal board to Bradfield and Roberts in and by the resolution of said board, *417passed May 28, 1858. The cases referred to by the plaintiffs’ counsel and upon which he relied to maintain the judgment of the referee, do not, so far as the facts of those cases are concerned, it seems to me, cover the case. They are the cases of Danforth v. Suydam, (4 Comst. 66,) and Munsell v. Lewis, (2 Denio, 226.) In the case of Danforth v. Suydam, the state…
2Cases cited3 opinions
- Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
- Astor v. MillerNew York Court of Chancery · 1830
- Southworth v. Van PeltNew York Supreme Court · 1848
3Cited by1 opinion
- Sullivan v. TooleNew York Supreme Court · 1882