Hall v. Crouse
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. HALL v. CROUSE. Fourth Department, April Term, 1878. The action was brought to foreclose a mortgage.
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Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. HALL v. CROUSE. Fourth Department, April Term, 1878. The action was brought to foreclose a mortgage. The referee before whom the action was tried found that, on the 16th day of May, 1876, the defendant, James Clary, executed and delivei’ed to the plaintiff his bond, under seal, conditioned for the payment to the plaintiff of the sum of $1,000 and interest in three months from the date thereof, and at the same time executed, acknowledged and delivered to the plaintiff, as collateral to said bond, a mortgage…
1Opinion of the Court
Smith, J.:
This action was brought to foreclose a real estate mortgage executed by James Clary to the respondent as collateral security for the payment of a bond given at the same time. Henry Crouse, the appellant’s intestate, was a subsequent judgment-creditor of Clary, and he defended, alleging- that the mortgage was fraudulent and void, as against the creditors of the mortgagor. The bond was conditioned for the payment of the sum of $1,000 in three months from its date, with interest, and the like sum was the consideration expressed in the mortgage. Crouse having died subsequently to the…
2Cases cited7 opinions
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- Ferris v. CrawfordNew York Supreme Court · 1845
- Merritt v. LambertNew York Court of Chancery · 1843
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Benedict v. StuartNew York Supreme Court · 1856
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