Legal Opinion

Freeman v. . Auld

New York Court of Appeals

Decided December 27, 1870PublishedCited by 70 opinions

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.

Read the full summary

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

  1. Sands v. . ChurchNew York Court of Appeals · 1852
  2. Murray v. . Judson and SandsNew York Court of Appeals · 1853

3Cited by70 opinions

  1. Buffum v. Peter Barceloux Co.Supreme Court of the United States · 1933
  2. Shepherd v. MaySupreme Court of the United States · 1885
  3. Wilson v. . FordNew York Court of Appeals · 1913
  4. National Hardware Co. v. SherwoodCalifornia Supreme Court · 1913
  5. Parkinson v. . ShermanNew York Court of Appeals · 1878

65 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API