Thomas v. Woods
New York Supreme Court
Covenant, iried at. the Washington circuit, July 15th, 1823, helóte Walworth, C. Judge. The declaration stated that on the 8th day of February, 1809, one Joshua Streeter and Adah his wife, for $2400, mortgaged to the defendant, certain premises to secure the payment of $1200, and interest, according to the condition of a certain bond, executed therewith by Streeter: that afterwards, on the 27th , jy . i in • ii day oí August, 1811), the defendant assigned the mortgage to the…
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Covenant, iried at. the Washington circuit, July 15th, 1823, helóte Walworth, C. Judge. The declaration stated that on the 8th day of February, 1809, one Joshua Streeter and Adah his wife, for $2400, mortgaged to the defendant, certain premises to secure the payment of $1200, and interest, according to the condition of a certain bond, executed therewith by Streeter: that afterwards, on the 27th , jy . i in • ii day oí August, 1811), the defendant assigned the mortgage to the plaintiff, in which assignment it was agreed by the defendant, that in case the plaintiff should not be able to procure…
1Opinion of the CourtWoodworth, J.
The defendant assigned to the plaintiff a bond and mortgage against Joshua Streeter";' and Covenanted, that in case the plaintiff should not be able to procure or enforce payment, at the- times and in the man ner therein specified, by due process of law, the defendant would be. accountable to him for such sum or sums of money as should- remain- due.
The Bond bears date the 8th-February, 1809; and is conditioned" for the payment of $1200, with interest, to commence the 1st April thereafter"; $500, payable March 1st, 1814 ;■ $400;.on the 1st March, 1-818-; and- $3Q0;-March- 1st, 1822; the…
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