Hartley v. Tatham
The Superior Court of New York City
Bosworth, Ch. J., Moncrief and Robertson, Justices. Appeal from judgment at special term. The facts will sufficiently appear in the opinion of the court.
1Opinion of the Court
By the court, Bosworth, C. J.
This action is brought to foreclose a mortgage dated May 30, 1861, executed by Michael Cunningham and wife to Samuel W. Dunscomb, and by the latter assigned to the plaintiff May 13, 1862.
The defence is founded, in part, on the allegation, that while Dunscomb owned the mortgage, one Alfred A. Aiment, who, by a written contract with one Higginson, to which Dunscomb was a party, had contracted for a deed of the premises in question, subject to this and a prior mortgage of $4,000, by agreement between him and Dunscomb, performed work and labor to the amount of…
2Cited by4 opinions
- Brooks v. OwenSupreme Court of Missouri · 1892
- Stough v. Badger Lumber Co.Supreme Court of Kansas · 1905
- Bennett v. BatesNew York Supreme Court · 1882
- Bennett v. BatesNew York Supreme Court · 1882