Drury v. Clark
New York Supreme Court
The complaint in this action showed by its allegations that Daniel Richards, for the purpose of securing the payment to Edward Belknap, of the sum of $4,755, with interest thereon, on or about the first day of March, 1850, executed and delivered to said Belknap, a bond bearing date on that day, in the penalty of $9,510, on condition that the same should be void if the said Daniel Richards should pay to the said Edward Belknap, Ms executors, &c., or assigns, the said sum…
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The complaint in this action showed by its allegations that Daniel Richards, for the purpose of securing the payment to Edward Belknap, of the sum of $4,755, with interest thereon, on or about the first day of March, 1850, executed and delivered to said Belknap, a bond bearing date on that day, in the penalty of $9,510, on condition that the same should be void if the said Daniel Richards should pay to the said Edward Belknap, Ms executors, &c., or assigns, the said sum first above mentioned, on the first day of March, 1851, with semi-annual interest; and as collateral security for such…
1Opinion of the Court
By the court—Emott, Justice.
There are but two objections in this case, which I think it necessary to notice. The first is, that the general allegation in the complaint, that William H. Clark and other defendants who are named, have or claim some interest in or lien upon the mortgaged premises, which, if any, is subsequent to the plaintiff’s mortgage, is not a sufficient statement of a cause of action against these defendants. This mode of statement in cases where junior incumbrancers are made parties to a foreclosure suit, was introduced . into the practice of the court of chancery by the…
2Cases cited2 opinions
- Tower v. WhiteNew York Court of Chancery · 1843
- Bigelow v. BushNew York Court of Chancery · 1837
3Cited by11 opinions
- Short v. NoonerSupreme Court of Kansas · 1876
- Oregon Lumber & Fuel Co. v. HallOregon Supreme Court · 1915
- Howard v. Iron & Land Co.Supreme Court of Minnesota · 1895
- Albany Exchange Savings Bank v. WinneNew York Supreme Court · 1938
- Carpenter v. IngallsSouth Dakota Supreme Court · 1892
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