L'Amoreux v. . Vischer
New York Court of Appeals
Appeal from the supreme court in equity. James L’Amoreux filed his bill in the late court of chancery, against Catharine Vischer and James Woodworth, for the purpose of having a certain bond, executed by the complainant to Woodworth, delivered up and cancelled, and of restraining a prosecution at law thereon. The case was heard upon pleadings and proofs, before Parker, vice chancellor of the third circuit, who dismissed the bill with costs.
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Appeal from the supreme court in equity. James L’Amoreux filed his bill in the late court of chancery, against Catharine Vischer and James Woodworth, for the purpose of having a certain bond, executed by the complainant to Woodworth, delivered up and cancelled, and of restraining a prosecution at law thereon. The case was heard upon pleadings and proofs, before Parker, vice chancellor of the third circuit, who dismissed the bill with costs. The complainant appealed, and the supreme court, sitting in the third district, reversed the decree of the vice chancellor, and sustained the bill. Mrs.…
1Opinion of the CourtRuggles, J.
John Woodworth purchased of McNaughton a lot of land in Greenbush, for the joint benefit of the complain ant L’Amoreux and himself. Each contributed equally in making the first payment, and McNaughton executed the deed to Woodworth, who gave his bond and mortgage for $5000, the residue of the purchase money, payable in seven annual instalments, with annual interest. The deed bears date July 30th, 1836. On the same day L’Amoreux executed his bond to Woodworth, in the penalty of $5000, conditioned’ to pay to him $2500 in seven annual instalments, (corresponding in time with the payments to be…
2Cases cited2 opinions
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- Foster v. NewlandNew York Supreme Court · 1839
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