Youngs v. Wilson
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. The action was brought to foreclose a mortgage given by M. W. Eastman to George Youngs and Abel Hunt, on the 4th of June, 1849. The mortgage expressed a consideration of $2400, and contained the following condition : “ Provided always, and .these presents are upon the express condition, that if the said Moses W. Eastman, his heirs, executors or administrators, shall well and truly pay and save…
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APPEAL from a judgment entered at a special term, upon the report of a referee. The action was brought to foreclose a mortgage given by M. W. Eastman to George Youngs and Abel Hunt, on the 4th of June, 1849. The mortgage expressed a consideration of $2400, and contained the following condition : “ Provided always, and .these presents are upon the express condition, that if the said Moses W. Eastman, his heirs, executors or administrators, shall well and truly pay and save harmless and indemnify the said George Youngs and Abel Hunt, and each of them, of and from all liabilities which they or…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The questions of law and fact in this cause raised and passed upon at special term, I think were rightly decided. Upon the assumption on which the case was there tried I can see no error in the decision or in the decree then made. But a new point is now here raised for the first time in the progress of the cause; to wit, that the mortgage is fraudulent and void as against creditors, for uncertainty in respect to the debt or debts it was intended to secure. The mortgage was given to save harmless and indemnify the mortgagees and each of them of and from all…
2Cases cited5 opinions
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Bank of Utica v. FinchNew York Court of Chancery · 1848
- Truscott v. KingNew York Supreme Court · 1849
- Livingston & Tracy v. M'InlayNew York Supreme Court · 1819
- United States ex rel. Moxley v. RitterU.S. Circuit Court for the District of District of Columbia · 1826
3Cited by2 opinions
- Butts v. PeacockWisconsin Supreme Court · 1868
- Babcock v. BridgeNew York Supreme Court · 1859