Legal Opinion

Wadsworth v. . Lyon

New York Court of Appeals

Decided October 2, 1883PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 14, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was upon a hond. The material facts are stated in the opinion. The defendant, Louisa L. Lyon, although a married woman, is liable on the bond, because she gave it for the purchase-money of land which was conveyed to her.

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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 14, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was upon a hond. The material facts are stated in the opinion. The defendant, Louisa L. Lyon, although a married woman, is liable on the bond, because she gave it for the purchase-money of land which was conveyed to her. (Tiemeyer v. Turnquist, 85 N. Y. 516; Westervelt v. Ackley, 2 Hun, 258; 62 N. Y. 505, 508; Siegel v. Johns, 58 Barb. 620;…

1Opinion of the CourtEarl, J.

On the'1st day of May, 1868, Bridget O’Day and her husband sold and conveyed certain lands to the defendant, Louisa L Lyon, and, to secure a part of the purchase-money, she and her husband, James S. Lyon, executed to Mrs. O’Day a bond conditioned to pay the sum of $4,000, and Mrs. Lyon executed , and delivered to Mrs. O’Day her mortgage on the lands as collateral security for the payment of the bond. On the 12th of June, 1868, Mrs. O’Day assigned the bond and mortgage to one Fellows, guaranteeing payment thereof. On the 17th day of January, 1873, Mrs. Lyon, by a deed, in which her husband…

2Cases cited7 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Barnes v. . MottNew York Court of Appeals · 1876
  3. Clark v. . RowlingNew York Court of Appeals · 1850
  4. Champney v. . CoopeNew York Court of Appeals · 1865
  5. Lewis v. . PalmerNew York Court of Appeals · 1863

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3Cited by21 opinions

  1. General Investment Co. v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1922
  2. Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
  3. Wilcox v. . CampbellNew York Court of Appeals · 1887
  4. Fairchild v. . LynchNew York Court of Appeals · 1885
  5. Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896

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