Shirley v. Congress Steam Sugar Refinery
New York Court of Chancery
Bill to have a promissory note, given as part of the purchase money for an estate, declared an equitable lien upon the property. Stephen Shirley, in the month of September, one thousand eight hundred and thirty-one, sold a house and lot, known as No. 140 Duane Street in the city of New York, to the defendants the Congress Steam Sugar Refining Company.
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Bill to have a promissory note, given as part of the purchase money for an estate, declared an equitable lien upon the property. Stephen Shirley, in the month of September, one thousand eight hundred and thirty-one, sold a house and lot, known as No. 140 Duane Street in the city of New York, to the defendants the Congress Steam Sugar Refining Company. The house and lot were conveyed to the company by Shirley ; but only a small part of the purchase money was paid and no mortgage had been given, although the bill alleged that it was part of the terms of the purchase that one should he given. In…
1Opinion of the Court
The Vice Chancellor:
As between vendor and purchaser, the rule is, to sustain the implied lien for the purchase money where the mere personal security of the purchaser has been taken; and to consider any bond, note or covenant given by him alone as intended only to countervail the receipt for the purchase money contained in the deed and to show the time and manner in which the payment is to be made—unless there be an express or manifest agreement to waive such lien. And, on the other hand, to consider the implied lien as waived, whenever security is taken on the land for the whole or any part…
2Cases cited2 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
3Cited by5 opinions
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Leger v. BonnaffeNew York Supreme Court · 1848
- Boorum v. TuckerNew Jersey Court of Chancery · 1893
- Sternberger v. McGovernNew York Court of Common Pleas · 1873