National Bank of Newburgh v. . Bigler
New York Court of Appeals
Appeal from judgment-of the General Term of the Supreme Court, in the second judicial department, entered upon an order made July 18, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Mem. of decision below, 18 Hun, 400.) This action was brought to foreclose a mortgage.
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Appeal from judgment-of the General Term of the Supreme Court, in the second judicial department, entered upon an order made July 18, 1879, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Mem. of decision below, 18 Hun, 400.) This action was brought to foreclose a mortgage. The material facts appear in the opinion The dissolution of the partnership of David Moore & Co. by the death of Moore put an end to the authority of the survivor to bind the firm by any new engagement. (Van Kevren v. Parmelee, 2 N. Y. 524, 533; Natl. Bk. v.…
1Opinion of the CourtFinch, J.
The mortgage, which is the subject of the present controversy, was given by the defendants, James Bigler and wife, and Mary Augusta' Bigler, to David Moore and Halsey R. Stevens. The latter were copartners, doing business under the name of David Moore & Co. The condition of the mortgage expresses that it was intended as a continuing security to said David Moore and Halsey R. Stevens, for all present or future indebtedness of James Bigler, or J. Bigler & Co. to them, and as a continuing security and indemnity to said David Moore and Halsey R. Stevens, for and against all liabilities they then…
2Cases cited11 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Cary v. . WhiteNew York Court of Appeals · 1873
- Curtis v. TylerNew York Court of Chancery · 1842
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
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3Cited by38 opinions
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Grandison v. National Bank of CommerceCourt of Appeals for the Second Circuit · 1916
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Walther v. Bank of New YorkDistrict Court, S.D. New York · 1991
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