Freeman v. . Auld
New York Court of Appeals
Appeal from a judgment entered upon the order of the General Term of the Supreme Court in the first district, affirming a judgment in favor of the plaintiff, decreeing foreclosure of the mortgage as a lien to the amount of $2,000 and interest only.
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Appeal from a judgment entered upon the order of the General Term of the Supreme Court in the first district, affirming a judgment in favor of the plaintiff, decreeing foreclosure of the mortgage as a lien to the amount of $2,000 and interest only. In February, 1859, the defendants, Allen and Stevens, executed and delivered to the Home Insurance Company a mortgage, the object of which, as expressed in it, was to secure to that company the payment of the sum of $4,000 and interest on the 1st day of January following. The company advanced upon it $2,000, and no more. In March, 1859, Allen and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The transactions which gave rise to this controversy are, in substance, these: Allen and Stevens made their mortgage to the Home Insurance Company for $4,000, from whom they received $2,000 only.
They, nevertheless, provided the means with which to pay to the company the full sum of $4,000, and placed it in Buckley's possession for that purpose. Buckley transferred the same means to Coyle, who transferred it to the defendant, Auld, for the same purpose; and now,…
2Cases cited2 opinions
- Sands v. . ChurchNew York Court of Appeals · 1852
- Murray v. . Judson and SandsNew York Court of Appeals · 1853
3Cited by70 opinions
- Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
- Shepherd v. MaySupreme Court of the United States · 1885
- Wilson v. . FordNew York Court of Appeals · 1913
- National Hardware Co. v. SherwoodCalifornia Supreme Court · 1913
- Parkinson v. . ShermanNew York Court of Appeals · 1878
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