Foster v. Newland
New York Supreme Court
This was an action of debt, tried at the Saratoga circuit, in December, 1837, before' the Hon. John Willard, one of the circuit judges.
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This was an action of debt, tried at the Saratoga circuit, in December, 1837, before' the Hon. John Willard, one of the circuit judges. The plaintiff declared upon a bond bearing date 31st March, 1832, executed by the defendant in the penal sum of $2500, containing a recital that the defendant had on that day bought of the plaintiff a lot of land for $1250; that there was a mortgage upon the land executed by the plaintiff ; and that there were three notes, for the payment of which the defendant was bound as surety for the plaintiff— and conditioned that the defendant would pay to the…
1Opinion of the Court
By the Court,
Cowen, J.
The only point seriously insisted on is, that a settlement of the mortgage and note was a condition to the plaintiff’s right of recovery, and that such settlement was not proved. The amount of the defendant’s admission was that there was more than $150 due, over and above the mortgage which was then in controversy. This clearly imported that the notes were settled and paid ; and after what the defendant said to Ellsworth the assignee who acted upon the representation, he is, we think, estopped to deny that so much is due, absolutely and presently. Ells-worth became an…
2Cases cited4 opinions
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- Ingham v. VadenTennessee Supreme Court · 1842
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