Lansing v. Capron
New York Court of Chancery
THE bill, which was filed the 30th of October, 1815, stated, that the defendant, Capron, on the 30th of September, 1813, mortgaged to the defendants, Lockwood and 'M-Pherson, certain lots of land in Albany, to secure the payment of 1,890 dollars, being the consideration money for the purchase of the lots of them, on that day; the amount was to be paid in three instalments, of 630 dollars each, with interest, on the 30th of September, 1814, the 30th of September, 1815, and…
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THE bill, which was filed the 30th of October, 1815, stated, that the defendant, Capron, on the 30th of September, 1813, mortgaged to the defendants, Lockwood and 'M-Pherson, certain lots of land in Albany, to secure the payment of 1,890 dollars, being the consideration money for the purchase of the lots of them, on that day; the amount was to be paid in three instalments, of 630 dollars each, with interest, on the 30th of September, 1814, the 30th of September, 1815, and the 30th of September, 1816, the interest to be paid annually. That the mortgage contained a power of sale, and was…
1Opinion of the Court
The Chancellor.
It •'ppears from the anthorities cited on the part of the defendants, to be settled in the courts of law, that in an action of debt upon a bond, with a penalty for the payment of money by instalments, when only part of the instalments are due, the defendants may bring into court the money, with the costs accrued. This is held to be within the equity, though it is not within the letter, of the statute of 4 Ann. ch. 16., and from which our act was taken. That statute relates to the bringing in the whole amount of the condition of thebond pending the action, so that the bond may…
2Cited by6 opinions
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Campbell v. MacombNew York Court of Chancery · 1820
- Hawkinson v. BanaghanMassachusetts Supreme Judicial Court · 1909
- Brooks v. DelaplaineHigh Court of Chancery of Maryland · 1848
- King v. LongworthOhio Supreme Court · 1836
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