Frisbee v. Hoffnagle
New York Supreme Court
THIS was an action to recover the amount of two promissory notes for 100 dollars, payable in specific articles. The cause was tried at the last Essex circuit before the Chief Justice. ....
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THIS was an action to recover the amount of two promissory notes for 100 dollars, payable in specific articles. The cause was tried at the last Essex circuit before the Chief Justice. .... It was proved that the notes were given by him to secure the purchase-money of a certain piece of land, conveyed to him ^7 the plaintiff, by a deed with warranty; that before the conveyance a judgment had been obtained in this court against the plaintiff in favour of Hart and Smith ; and after the notes were given by the defendant, the land so conveyed to him by the was taken by virtue of an execution on…
1Per curiam
The note was payable in specific articles, and the consideration was a piece of land conveyed by the plaintiff to the defendant, not by a quitclaim deed, but by a deed with warranty; and it appears that there was a judgment against the plaintiff, at the time he executed the conveyance, and that the land has since been sold under that judgment. The consideration for the note has, therefore, entirely failed; for the defendant has no title, it having been extinguished by the sale under the judgment. Here is a {total, not a partial, failure of consideration; for although the defendant has not yet…
2Cited by16 opinions
- Jeffers v. Easton, Eldridge & Co.California Supreme Court · 1896
- Lamerson v. MarvinNew York Supreme Court · 1850
- Champlin v. LaytinNew York Court of Chancery · 1836
- Wynn v. HidayIndiana Supreme Court · 1828
- Scantlin v. AllisonSupreme Court of Kansas · 1873
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