French v. Kennedy
New York Supreme Court
This was an appeal, by the defendant, from a judgment entered upon the report of a referee. The complaint was filed for the purpose of having a bond and mortgage executed by the plaintiff on the 18th of March, 1831, to one Luther Colton, surrendered and cancelled, on the ground that the whole amount due thereon had been paid, or tendered, by the plaintiff. , The defendant Kennedy was the assignee of the mortgage.
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This was an appeal, by the defendant, from a judgment entered upon the report of a referee. The complaint was filed for the purpose of having a bond and mortgage executed by the plaintiff on the 18th of March, 1831, to one Luther Colton, surrendered and cancelled, on the ground that the whole amount due thereon had been paid, or tendered, by the plaintiff. , The defendant Kennedy was the assignee of the mortgage. The condition of the bond was that the obligor should pay to the obligee the “just and full sum of $1256,50, with interest after the first day of April next, in fourteen equal annual…
1Opinion of the Court
By the Court, Gridley, J.
The defendant below, and appellant here, is the holder, by assignment, of a bond and mortgage executed by the respondent French, bearing date the 18th of March, 1831, conditioned to pay the just and full sum of “ §1256,50, with interest after the first day of April next, in fourteen equal annual payments on the first day of April of each and every year after the first day of next April.” The respondent filed his complaint upon the ground that he had paid and tendered the entire sum due on the above securities, and prays for a judgment that they be surrendered and…
2Cited by8 opinions
- Haffey v. . LynchNew York Court of Appeals · 1908
- Herrick v. WoolvertonNew York Supreme Court · 1864
- Bathgate v. HaskinNew York Court of Common Pleas · 1874
- Peyser v. MyersNew York Supreme Court · 1892
- Bennett v. CookNew York Supreme Court · 1874
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