Van Amburgh v. Kramer
New York Supreme Court
Appeal from a judgment in favor of tbe defendants, entered upon tbe report of a referee. Tbe action was brought to foreclose a mortgage.
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Appeal from a judgment in favor of tbe defendants, entered upon tbe report of a referee. Tbe action was brought to foreclose a mortgage. The referee found that on the 11th day of December, 1873, the defendant Richards and Caroline, his wife, executed and delivered unto one Emanuel Lobenstein the bond and mortgage set forth in the complaint; that on the 13th day of December, 1873, Lobenstein duly assigned the said bond and mortgage to Caroline Richards; that on the 28th of May, 1874, the said Caroline Richards assigned the said bond and mortgage to the plaintiffs; that on the 21st day of…
1Opinion of the Court
Gilbert, J.:
The evidence in this case merely shows that the bond and mortgage in suit were not made upon a valuable consideration. But there are other considerations which are sufficient in equity to support transactions between husband and wife, when the cliams of creditors do not intervene. Indeed, it has been held that a bond and mortgage may be made by way of gift. (2 R. S., 137, § 4; 4 Kent, 465 ; Isenhart v. Brown, 2 Edw. Ch., 341 ; Bucklin v. Bucklin, 1 Abb. App. Ca., 42 ; Hunt v. Johnson., 44 N. Y., 27.) And as between the parties, when a mere nominal consideration is inserted in a…
2Cases cited7 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Hunt v. . JohnsonNew York Court of Appeals · 1870
- Ten Eyck v. . CraigNew York Court of Appeals · 1875
- Meriam v. HarsenNew York Court of Chancery · 1847
- Power v. . LesterNew York Court of Appeals · 1861
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