Schermerhorn v. Merrill
New York Supreme Court
In Equity. This was a motion by the defendant Merrill, to dissolve an injunction restraining him from foreclosing a mortgage on certain land in Salem, Washington county.
Read the full summary
In Equity. This was a motion by the defendant Merrill, to dissolve an injunction restraining him from foreclosing a mortgage on certain land in Salem, Washington county. Elam Phillips, on the 1st of March, 1842, held the land in question by perpetual lease, subject, with other lands, to an annual rent of $280, and on that day he and his wife executed v a bond and . mortgage thereon to Eli Ames, to secure $459j60jpayable at the expiration of two years, with annual interest; which mortgage was duly recorded on the 8th of March, 1842. The defendant Merrill, in his answer, states his belief that…
1Opinion of the Court
Hand, J,
Each party claims the benefit of a rule of practice.The defendant contends that the plaintiff has neglected to expedite th.e suit since the cause was at issue. Want of diligence is often ground for dissolving an injunction. (Higgins v. Woodward, Hopk. Rep. 342. Depeyster v. Graves, 2 John. Ch. Rep, 148. Grey v. Duke of Northumberland, 17 Ves. 281. 3 Dan. Prac. 1896. 1 Hoff. Prac. 360. Seebor v. Hess, 5 Paige, 85. . Waffle v. Vanderheyden, 8 Id. 46. Ward v. Van Bokkelen, 1 Id. 100.) But these are cases where the defendant could not move on the cause; and in such cases, as where the…
2Cases cited10 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Evertsen v. SawyerNew York Supreme Court · 1829
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Russell v. AllenNew York Court of Chancery · 1843
- Farnham v. CampbellNew York Court of Chancery · 1844
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bostwick v. . FrankfieldNew York Court of Appeals · 1878
- Semple v. Bank of British ColumbiaU.S. Circuit Court for the District of Oregon · 1878
- Grill v. WiswallNew York Supreme Court · 1894
- Husted v. DakinNew York Supreme Court · 1857
- Knox v. McDonaldNew York Supreme Court · 1881