Craver v. Wilson
New York Court of Appeals
Sylvester J. Graver sued Lucinda Wilson iñ the supreme court to foreclose a mortgage given by defendant to plaintiff, as collateral to her bond for one thousand dollars and interest.
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Sylvester J. Graver sued Lucinda Wilson iñ the supreme court to foreclose a mortgage given by defendant to plaintiff, as collateral to her bond for one thousand dollars and interest. Defendant was a married woman, owning a separate estate, which was the subject of the mortgage, and she gave the bond and mortgage in suit for the purpose of raising one thousand dollars, eight hundred of which was to be lent or advanced for the benefit of one John H. Dearstyne and the residue (two hundred) to or for the benefit of her husband, James Wilson. She intrusted the bond and mortgage, so executed, to…
1Opinion of the Court
By the Court.*—Parker, J.
[After stating the facts.]—The case as proved clearly shows, I think, that there was no consideration for the bond and mortgage, as well as a clear, misappropriation thereof to a purpose for which it was not intended, to defendant’s detriment. The bond and mortgage were made expressly as a security for one thousand dollars in money to be advanced, and the defendant gave no consent that they should be delivered upon any other consideration. They were in fact delivered to be held as security for the payment of the judgment held by plaintiff against insolvent debtors.…
2Cases cited4 opinions
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Wardell v. HowellNew York Supreme Court · 1832
- Calkins v. LongNew York Supreme Court · 1855
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
3Cited by3 opinions
- People ex rel. H. D. H. Realty Corp. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1920
- Gallagher v. ReillyNew York Court of Common Pleas · 1890
- Sember v. Loughrey, New York County Courts1948