Legal Opinion

Pratt v. . Munson

New York Court of Appeals

Decided March 22, 1881PublishedCited by 6 opinions

Appeal froln judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 22, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial, at Special Term. The nature of the action and the material facts are stated in the opinion. The act of 1853, chap. 502 was constitutional.

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Appeal froln judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 22, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial, at Special Term. The nature of the action and the material facts are stated in the opinion. The act of 1853, chap. 502 was constitutional. (Bk. of Chenango v. Brown, 26 N. Y. 447; Berley v. Rampacher, 5 Duer, 183 ; Calkins v. Calkins, 3 Barb. 305.) The obligation of an existing contract cannot be meddled with, but the remedy to enforce it is always a matter…

1Opinion of the CourtDanforth, J.

Prior to the 1st day of March, 1873, “ The Sodus Bay and Corning Railroad Company ” was organized under the laws of this State, and on that day executed to the defendants, “The Farmers’ Loan and Trust Company,” a mortgage upon all its property and franchises for the purpose of securing the payment of certain bonds by it executed and in the mortgage described. IJpon default made, an action of foreclosure of the mortgage was commenced and prosecuted to judgment. The mortgaged property was sold under it on the 23d day of June, 1876, to the defendant, Munson, and after confirmation by the court…

2Cited by6 opinions

  1. Vatable v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
  2. Gaedeke v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1899
  3. Munson v. MageeAppellate Division of the Supreme Court of the State of New York · 1897
  4. Vatable v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1884
  5. Gaedeke v. Staten Island Midland RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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