Hosford v. Nichols
New York Court of Chancery
Previous to the year 1802, and while Elisha Kane lived at Albany, he made a contract with J. B. Nichols to sell to him lot No. 82, in Marcellus, and in pursuance of the agreement, Nichols paid to the agent of Kane in Albany, about $1,500 of the purchase-money.
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Previous to the year 1802, and while Elisha Kane lived at Albany, he made a contract with J. B. Nichols to sell to him lot No. 82, in Marcellus, and in pursuance of the agreement, Nichols paid to the agent of Kane in Albany, about $1,500 of the purchase-money. On the 23d of June, 1804, after Kane removed to Philadelphia, Nichols went there and obtained a deed of the lot, and gave back a mortgage for the balance of the purchase-money, conditioned to pay $1,155 in two years thereafter, with lawful interest of the state of New York thereon, payable annually. E. Kane was indebted to his brother,…
1Opinion of the Court
The Chancellor :—The objection for want of parties *225is not well taken. Although French and others are interested in the proceedings in this cause, they are not necessary parties. Their assignment to the complainant is absolute and unconditional; and although by the covenant therein they are responsible to her in case she does not succeed in recovering the money on the mortgage, it would have been improper to have made them complainants. Eeither was it necessary to make all the owners of the land covered by the mortgage parties to the suit. It is stated in the bill, and admitted in the answers,…
2Cases cited2 opinions
- Thompson v. KetchamNew York Supreme Court · 1811
- Locke v. CannonU.S. Circuit Court for the District of District of Columbia · 1819
3Cited by13 opinions
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- Boyce v. City of St. LouisNew York Supreme Court · 1859
- White v. HowardNew York Supreme Court · 1868
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
- Massie v. WilsonSupreme Court of Iowa · 1864
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