Burr v. Veeder
New York Supreme Court
This was an action of assumpsit, tried at the Schenectady circuit in January, 1828, before the Hon. William A. Duer, then one of the circuit judges. On the 25th May, 1820, the defendant, for the considera* tion of #1231,50, being the assignee of a bond and mortgage executed by one Lampman to one Van Arnum, assigned the ■ 1 same to the plaintiff.
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This was an action of assumpsit, tried at the Schenectady circuit in January, 1828, before the Hon. William A. Duer, then one of the circuit judges. On the 25th May, 1820, the defendant, for the considera* tion of #1231,50, being the assignee of a bond and mortgage executed by one Lampman to one Van Arnum, assigned the ■ 1 same to the plaintiff. The bond and mortgage bore date 1st March, 1810, and were given to secure the payment of $2000. At the time of the transfer to the plaintiff, a calculation was made, and the sum of #1231,50, was ascertained as the amount due on the bond and mortgage,…
1Opinion of the Court
By the Court,
Marcy, J.
It was clearly the intention of the parties that the mortgage should be transferred for the balance actually due at the time of the transfer; previous to which time there had been a payment of $37 not taken into the account in ascertaining the balance, nor known to either party. The amount of this payment, with the interest, ought to be allowed to the plaintiff.
But the defendant claims an off-set of taxes charged upon the mortgaged premises, and paid by him to redeem them ; and the plaintiff agreed to pay these taxes if they, or any part of them, could be collected under…
2Cited by22 opinions
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- Robinson v. . RyanNew York Court of Appeals · 1862
- Integrity Trust Co. v. St. Rita B. & L. Assn.Superior Court of Pennsylvania · 1933
- Sidenberg v. . ElyNew York Court of Appeals · 1882
- McLane v. JohnsonSupreme Court of Vermont · 1870
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