Doll v. Earle
New York Supreme Court
SUBMISSION of a controversy, by the parties, without action, under the Code, (§ 372.)
1Opinion of the Court
By the Court, Fancher, J.
This is a controversy submitted under the Code, without action. The defendants held a mortgage for $8,000 and interest, executed the 27th of September, 1860, by Eialdo Dorman, on premises in the city of New York, which was payable, with interest, on the 27th of September, 1863. Doll, the plaintiff, became the owner of the premises prior to the 14th of April, 1870, on which day he desired to pay the mortgage in legal tender currency, but the holders demanded gold. On that day the parties entered into a written agreement, by which, after proper recitals, it was agreed…
2Cases cited10 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Hepburn v. GriswoldSupreme Court of the United States · 1870
- Jacobs v. . MorangeNew York Court of Appeals · 1871
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3Cited by4 opinions
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- Flynn v. . HurdNew York Court of Appeals · 1889
- In re the Estate of WeltonNew York Surrogate's Court · 1931
- In re the Estate of MillerNew York Surrogate's Court · 1937