Hone v. Fisher
New York Court of Chancery
This was an-appeal drom a decree. of- the-vice chancellor of the'sixth-circuit., In - February; 1837; Brown &.Hone,of the city■■ of N'ew«York, had adjudgment ■ against - Jv L.Fisher, of' Tioga county; -for about $3000, besides - interest-and- costs, -.and had filed a creditor’s bill thereon.
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This was an-appeal drom a decree. of- the-vice chancellor of the'sixth-circuit., In - February; 1837; Brown &.Hone,of the city■■ of N'ew«York, had adjudgment ■ against - Jv L.Fisher, of' Tioga county; -for about $3000, besides - interest-and- costs, -.and had filed a creditor’s bill thereon. Anego nation- was thereupon commenced-by G. Fisher,, the father-.of the debtor, for,the.compromise of the-claim.- This negotiation was conducted, .through Strong.tfc Taylor,, the-, attorneys of.Brown & Hone, at Owego, and.-resulted-in - the.-accepting,a proposition .of Gl'Fisher, that the…
1Opinion of the Court
The Chancellor.
The decree in this case is erroneous ; even if the vice chancellor is right in supposing that neither party intended to discharge the original indebtedness upon the notes, and that the deed and defeasance were a mere collateral security for the payment of that original indebtedness. For the decree charges the defendant Whitmore, as well as G. Fisher, with the balance which may remain dire upon all three of the notes, if the proceeds of the sale of the premises shall not be sufficient to pay them in full; although Whitmore was not indebted to Brown & Hone for any part of two of…
2Cited by10 opinions
- Marshall v. ThompsonSupreme Court of Minnesota · 1888
- Simpson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1899
- Jewett v. DringerNew Jersey Court of Chancery · 1879
- Mack v. . AustinNew York Court of Appeals · 1884
- Scott v. MonellNew York Surrogate's Court · 1862
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