Chauncey v. . Arnold
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action to enforce a bond executed by the defendant, Lemuel' Arnold, and a. mortgage upon her separate property executed by Caroline Arnold, his wife, as collateral to such bond.
Read the full summary
Appeal from the Superior Court of the city of New York. Action to enforce a bond executed by the defendant, Lemuel' Arnold, and a. mortgage upon her separate property executed by Caroline Arnold, his wife, as collateral to such bond. The Complaint stated that both the bond and mortgage were exe-outed in blank as to the name of the obligee, in the penhl sum of ten thousand dollars, conditioned to pay five thousand dollars to an obligee not named, and were, delivered, with the blanks not filled up, to the plaintiff, as security for moneys advanced and liabilities incurred. The material…
1Opinion of the Court
The marriage articles prescribed the manner in which Mrs. Arnold was to exercise her power over the property settled upon her. The trustees were authorized to dispose of it to such person or persons, and in such manner and form, as she, notwithstanding her coverture, by any deed or writing, under her hand and seal; or by her last will and testament, or writing in the nature of a last will and testament, should direct, limit or appoint. Conceding that the actual participation of the trustees in the act would not be essential to effect a disposition of the property, yet the form of the…
2Cases cited6 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Woolley v. ConstantNew York Supreme Court · 1809
- Knapp v. MaltbyNew York Supreme Court · 1835
- Ex parte KerwinNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bain v. Metropolitan Mortgage Group, Inc.Washington Supreme Court · 2012
- Lamb v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Simmons v. Westwood Apartments Co.New York Supreme Court · 1965
- Simms v. HerveySupreme Court of Iowa · 1865
15 more not listed; retrieve them via the Exa API.