Ellsworth v. . Lockwood
New York Court of Appeals
This is an appeal from a judgment of a General Term of the Supreme Court, in the fourth district, affirming a judgment in favor of the defendants, entered upon the report of a referee.
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This is an appeal from a judgment of a General Term of the Supreme Court, in the fourth district, affirming a judgment in favor of the defendants, entered upon the report of a referee. The action was an equitable one, commenced against Lockwood, Ketchum, Joslyn and Mott, to set aside the sale of certain premises, situate in the county of Warren, made on the statutory foreclosure of a mortgage, and to compel an. assignment of the mortgage to the plaintiff on his paying the amount due thereon, or that the same be discharged and the plaintiff recover the land in question, upon paying the amount…
1Opinion of the Court
Sutherland J.
The referee found that the deed of Brady and wife, to Mott, was given to secure Mott for his indorsement of the $500 note of the plaintiff.
It was therefore a mortgage in equity. (McBurney v. Wellman, 42 Barb., 390; Hodge v. In. Co., 4 Selden, 416; Laws of 1822, p. 262, § 3.)
The referee found, that when the $500 note fell due, Mott was charged as indorser, and being sued was compelled to pay it, and did pay it, with costs.
The referee found, that the advancing of the $300, by Hudson to Mott, and the giving the note therefor by Mott to Hudson, and the making of the indorsement on…
2Cases cited11 opinions
- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Lamerson v. MarvinNew York Supreme Court · 1850
- Hewson v. DeygertNew York Supreme Court · 1811
- Jencks v. AlexanderNew York Court of Chancery · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Gresham v. WareSupreme Court of Alabama · 1885
- Twombly v. . CassidyNew York Court of Appeals · 1880
- Chemical Bank v. MeltzerNew York Court of Appeals · 1999
47 more not listed; retrieve them via the Exa API.