Scott v. Frink
New York Supreme Court
APPEAL from a judgment of nonsuit. The case shows that on the' eleventh day of October, 1852, one Luke Chapin executed his bond and mortgage to the plaintiff, to secure the payment of $2450, in twenty equal annual installments, with annual interest, being the purchase price of certain lands that day sold by the plaintiff" to said Chapin; that the defendant purchased the lands covered by the mortgage, of the said Chapin, in 1855, and assumed to pay the said bond and mortgage;…
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APPEAL from a judgment of nonsuit. The case shows that on the' eleventh day of October, 1852, one Luke Chapin executed his bond and mortgage to the plaintiff, to secure the payment of $2450, in twenty equal annual installments, with annual interest, being the purchase price of certain lands that day sold by the plaintiff" to said Chapin; that the defendant purchased the lands covered by the mortgage, of the said Chapin, in 1855, and assumed to pay the said bond and mortgage; that the defendant made several payments on the bond and mortgage up to the first day of January, 1865, and the balance…
1Opinion of the CourtMorgan, J.
The debt not being due at the time, the plaintiff was under no obligation to take payment in advance, and discharge the bond and mortgage, although *540he might oblige himself to do so by a valid agreement with the defendant.
It appears by the case, that the defendant did agree with the plaintiff that, if he would satisfy the bond and mortgage, he would pay him $500 then, instead of paying the amount in yearly payments as the same should become due and payable by the condition of the bond and mortgage. It also appears that he was anxious to anticipate the payments and get the mortgage off from his…
2Cited by1 opinion
- Schweider v. LangSupreme Court of Minnesota · 1882