Truscott v. King
New York Supreme Court
In Equity. This was an appeal from a decree made in the late court of chancery by the vice chancellor of the 8th circuit.
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In Equity. This was an appeal from a decree made in the late court of chancery by the vice chancellor of the 8th circuit. On the 22d of April, 1835, Russell S. Brown and Rodman Starkweather confessed a judgment in the supreme court of this state to Richard S. Williams, on a bond and warrant of attorney, for forty thousand dollars of debt, and #18,79 costs, which judgment was entered and docketed on the 14th of October, 1835. This judgment was given to secure an indebtedness then existing to, and advances thereafter to be made by, the firm of Richard S. Williams & Go. On the 15th of September,…
1Opinion of the Court
By the Court, Parker, J.
The law is now well settled that a judgment or mortgage may be taken to cover future liabilities and advances. (5 John. Ch. Rep. 326. 6 Id. 281, 288. 5 Cowen, 441. 16 John. 165. 3 Paige, 614. 1 Sandf. Ch. Rep. 44. 1 Pet. 386. 1 Pick. 398. 10 Id. 199. 24 Id. 270. *3486 Watts, 57. 1 Id. 135. 1 Pet. 448. 4 Kent’s Com. 175.) It appears as well by the pleadings as by the proofs, that the judgment confessed by Brown & Starkweather to Williams was given to secure an indebtedness then existing, and also advances thereafter to be made. Whether this arrangement between the parties…
2Cases cited8 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Guion v. KnappNew York Court of Chancery · 1836
- Bank of Utica v. FinchNew York Court of Chancery · 1848
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3Cited by11 opinions
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- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
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- Boswell v. GoodwinSupreme Court of Connecticut · 1862
- Schmidt v. ZahrndtIndiana Supreme Court · 1897
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