Wheeler v. Newton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John E. Wheeler and others, as executors, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chenango on the 21st day of December, 1914, upon the decision of the court dismissing the complaint' after a trial -before the court without a jury.
1Opinion of the Court
Woodward, J.:
The complaint alleges that on or about the 19th day of December, 1892, the defendants for a good and valuable consideration, and for the purpose of securing the payment to the plaintiff of the sum of $600, with interest thereon, made, executed and delivered to the plaintiff a mortgage sealed with their seals, whereby the said defendants did covenant, promise and agree to pay said sum and interest as in said mortgage specified; that this mortgage contained a bond clause, was duly recorded, and that the defendants have failed to comply with the conditions, with the exception of…
2Cases cited4 opinions
- Birkett v. Columbia BankSupreme Court of the United States · 1904
- Columbia Bank v. . BirkettNew York Court of Appeals · 1903
- Beakes v. . DacunhaNew York Court of Appeals · 1891
- Morrison v. VaughanAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- Lashover v. AudlerLouisiana Court of Appeal · 1965
- Ward v. MeyersSupreme Court of Arkansas · 1979
- Interstate Credit League v. WiddisonIdaho Supreme Court · 1931
- Behymer Corp. v. SteffeMissouri Court of Appeals · 1966
- Neish v. DoyleNew York Supreme Court · 1932
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