McIntyre v. Williamson
New York Court of Chancery
A bill of foreclosure was filed in this cause on the second day of February, 1827. The bond and mortgage upon which the bill was founded were executed by Thomas B. Clarke, deceased, the father of the defendants, Catharine H. Williamson, Isabella M. Clarke, and Bayard Clarke, on the fourteenth day of October, 1820, to secure the payment of |950, and interest, within one year from the date of the said bond. The mortgage comprised fourteen lots of land.
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A bill of foreclosure was filed in this cause on the second day of February, 1827. The bond and mortgage upon which the bill was founded were executed by Thomas B. Clarke, deceased, the father of the defendants, Catharine H. Williamson, Isabella M. Clarke, and Bayard Clarke, on the fourteenth day of October, 1820, to secure the payment of |950, and interest, within one year from the date of the said bond. The mortgage comprised fourteen lots of land. After the filing of the original bill, the defendant Catharine intermarried with 'Charles A, V/illiamson, and a supplemental bill was filed to…
1Opinion of the Court
The Vice-Chancellor.
The first question made upon the plea of the release is, whether, being given before the debt secured by the bond and mortgage was due and payable, it is a discharge of the debt ? It is said, that a release in general terms of all claims and demands whatsoever, does not discharge an obligation not then due or a covenant not then broken. A number of authorities have been cited, both for and against the position, showing nice distinctions: as in Carthage v. Manby, 2 Show. 90., Tynam v. Bridges, Cro. Jac. 300., Co. Litt. 265. (A.) and 291. (B.), and, (where a great variety of…
2Cited by7 opinions
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- In re the Estate of QuickNew York Surrogate's Court · 1932
- Coulter v. . Board of EducationNew York Court of Appeals · 1875
- William Clamp & Sons Ship v. United StatesUnited States Court of Claims · 1906
- Bailey v. CloseSupreme Court of Connecticut · 1870
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