Smith v. Killam
New York Supreme Court
Action to foreclose a mortgage dated November 25,1881, given by the defendant Stratton Killam to the plaintiff for $4,600, covering 120 acres of land in the town of Mexico. This mortgage was given for a part of the purchase-money and the defense is that the plaintiff at the time of the sale verbally warranted that there was a certain amount of timber and lumber on the property. That in fact there was no such amount to defendant’s great damage, which he claims, to recoup.
1Opinion of the CourtMerwin, J.
The deed from plaintiff to Killam, is dated. November 21, 1881, the consideration named is $6,600. The deed and mortgage are both acknowledged the 28th November, 1881, and recorded November 29, 1881. Of the consideration named $2,000 was paid down and the mortgage was given for the balance. At the time of the exchange of the deed and mortgage, a paper purporting to be a written estimate of the amount of timber and lumber on the property, made by Aaron Killam in 1872, was delivered by plaintiff to defendant. This paper is not signed by any one and is not referred to in the deed or mortgage.…
2Cases cited14 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Wilson v. . DeenNew York Court of Appeals · 1878
- Cabot v. ChristieSupreme Court of Vermont · 1869
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