Fowler v. Wood
New York Supreme Court
Appeal from special term, Westchester county. Action by Henry H. Fowler and Weeden Fowler against 7AT\ah H. Wood and William H. Bishoff to foreclose a mortgage. From a judgment in favor of plaintiffs, defendant Wood appeals. Reversed.
1Opinion of the CourtBrown, P. J.
The only question necessary to discuss upon this appeal is whether the cause of action upon the mortgage in suit is barred by the statute of limitations. The following facts appear from undisputed evidence, or were found by the trial court: Prior to the 3d day of March, 1856, Squire Wood, the husband of the appellant, was indebted to the respondents in the sum of $5,000. To secure payment of a part of such debt, Cyrus M. Ferris, a brother-in-law of Wood, on the date aforesaid, executed and delivered to the respondents his bond conditioned to pay $750 three years after date, with interest,…
2Cases cited4 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Heyer v. PruynNew York Court of Chancery · 1839
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Levy v. . NewmanNew York Court of Appeals · 1891
3Cited by10 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- George v. ButlerWashington Supreme Court · 1901
- Boughton v. HarderAppellate Division of the Supreme Court of the State of New York · 1899
- Smith v. MaineNew York Supreme Court · 1932
- Boughton v. ValkenburghAppellate Division of the Supreme Court of the State of New York · 1899
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