Garrison v. Akin
New York Supreme Court
In Eq.uity. The bill in this cause was filed to set aside a bond of indemnity executed by the plaintiff to the defendants, the execution of which it Avas alleged was procured by the defendants, fraudulently. On the 30th of November, 1841, Hassill Garrison, a brother of the plaintiff, entered into a contract with the defendants for the purchase of a farm of 135 acres in PittstoAvn, at $25 per acre.
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In Eq.uity. The bill in this cause was filed to set aside a bond of indemnity executed by the plaintiff to the defendants, the execution of which it Avas alleged was procured by the defendants, fraudulently. On the 30th of November, 1841, Hassill Garrison, a brother of the plaintiff, entered into a contract with the defendants for the purchase of a farm of 135 acres in PittstoAvn, at $25 per acre. The farm was encumbered by two mortgages, nearly equal in amount to the purchase money Avhich Hassill Garrison was to pay. He agreed to assume the payment of the mortgages, and to pay or secure the…
1Opinion of the CourtHarris, J.
I am not satisfied, from the proofs in this cause, that any fraud or imposition was practised upon the plaintiff, in the manner in which the execution of the bond was procured. The plaintiff alleges that he supposed he was signing a bond in the penalty of only $500, and that the condition of the bond was to pay the balance of the purchase money which would be due the defendants. He himself admits, and the witnesses who were present expressly state, that the whole bond was read over to him by the defendant Christopher Akin ; and yet in the condition of the bond there is no reference or…
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