Cumming v. Williamson
New York Court of Chancery
This was a bill to foreclose a mortgage executed by James N. Wells as the attorney of Charles A. Williamson, and Catharine H. his wife, Rupert J. Cochran, and Isabella M. his wife, Charles A. Williamson, trustee of Mrs. Cochran, and Bayard. Clarke. Mr. and Mrs. Williamson and Mr. and Mrs. Cochran answered, denying the validity of the mortgage. The bill was taken as confessed by Clarke.
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This was a bill to foreclose a mortgage executed by James N. Wells as the attorney of Charles A. Williamson, and Catharine H. his wife, Rupert J. Cochran, and Isabella M. his wife, Charles A. Williamson, trustee of Mrs. Cochran, and Bayard. Clarke. Mr. and Mrs. Williamson and Mr. and Mrs. Cochran answered, denying the validity of the mortgage. The bill was taken as confessed by Clarke. The mortgaged premises are a part of a large tract in the sixteenth ward of the city of NewYorlc, bounded by the Hudson river, which was owned by Mrs. Williamson, Mrs. Cochran and Bayard Clarke, as devisees of…
1Opinion of the Court
The Assistant Vice-Chancellor.
The first objection made to the mortgage is, that its execution was not authorized by the power of attorney to Wells. This objection is urged in behalf of Clarke, as well as the other defendants. But he having suffered the bill to be taken as confessed, in which the execution of the mortgage is set forth as being in pursuance of a power from him, is precluded from questioning that fact. The defendants insist, that the power of attorney authorized the execution of a mortgage for a single purpose, “ to raise money.” That this mortgage was executed for a precedent…
2Cases cited6 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wood v. WoodNew York Court of Chancery · 1836
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Dyett v. North American Coal Co.New York Supreme Court · 1838
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Shaw v. Saranac Horse Nail Co.New York Court of Appeals · 1894