Marvin v. Vedder
Court for the Trial of Impeachments and Correction of Errors
On appeal from the Court of Chancery. The respondent, July 7th, 1818, filed his bill against the appellants and George Cooper, for the foreclosure of a mortgage executed by Cooper to the respondent, on the 20th of June, 1814, of certain land in Palatine, Montgomery County, which with a bond as collateral security, was conditioned to pay $1000, on or before the 1st day of June, 1815 ; and $1000, on or before the 1st day of June, 1816, with interest.
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On appeal from the Court of Chancery. The respondent, July 7th, 1818, filed his bill against the appellants and George Cooper, for the foreclosure of a mortgage executed by Cooper to the respondent, on the 20th of June, 1814, of certain land in Palatine, Montgomery County, which with a bond as collateral security, was conditioned to pay $1000, on or before the 1st day of June, 1815 ; and $1000, on or before the 1st day of June, 1816, with interest. The appellants were made parties, as being creditors of Cooper by a judgment confessed, docketed January 18th, 1815. The main question was,…
1Opinion of the Court
Savage, Ch. Justice.
(After entering at large into the facts.) There is no question of law in dispute; and but one of fact: and that seems to me to have been virtually conceded by the respondent in his bill. He admits the money was advanced to him; and was to have been applied on the mortgage. Now, when a debtor advances money to his creditor, which is intended to be applied upon the debt due, and is so received by the creditor, it is but another name for payment. An advance pre-supposes that the money is not payable at the time; but in this case it was due. The idea of a deposit, under such…
2Cited by6 opinions
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- Thomas v. LinnWest Virginia Supreme Court · 1894
- Hoy v. BramhallSupreme Court of New Jersey · 1868
- Clute v. . EmmerichNew York Court of Appeals · 1885
- State ex rel. School Fund v. LakeSupreme Court of Iowa · 1864
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