Van Bokkelen v. . Taylor
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of 'the court at Special Term, and granting a new trial. (Reported below, 2 Hun, 138.) This action was brought to foreclose a bond and mortgage executed by defendants Taylor and wife to plaintiff.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a decision of 'the court at Special Term, and granting a new trial. (Reported below, 2 Hun, 138.) This action was brought to foreclose a bond and mortgage executed by defendants Taylor and wife to plaintiff. It was stated in the mortgage that it was executed as collateral security for the payment of a promissory note executed by defendant Taylor to plaintiff, and that upon the payment of said note the mortgage should be canceled of record and…
1Opinion of the CourtRapallo, J.
The court found as facts, that on the 23d of June, 1868, the plaintiff being the holder of the bond, mortgage and promissory note set out in the complaint, executed and delivered to the defendant Taylor an instrument in writing, under his hand and seal, whereby, for value received and in consideration of one dollar, the plaintiff released said Taylor from all indebtedness due by him to the plaintiff, either on book account, note of hand, or in any other way, bearing date prior to January 1,1868, and the court decided, as matter of law, that defendant was entitled to judgment.
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2Cited by13 opinions
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- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Sturmdorf v. SaundersAppellate Division of the Supreme Court of the State of New York · 1907
- Tutt v. PriceMissouri Court of Appeals · 1879
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