Reed v. . Gannon
New York Court of Appeals
Appeal from judgment of the General Term of the Court of' Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiffs, entered upon the decision of the. court at Special Term. This action was brought to restrain defendant Gannon from foreclosing a mortgage upon certain chattels, executed to him by defendant Reed.
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Appeal from judgment of the General Term of the Court of' Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiffs, entered upon the decision of the. court at Special Term. This action was brought to restrain defendant Gannon from foreclosing a mortgage upon certain chattels, executed to him by defendant Reed. The plaintiff, Mary C. Reed, was the wife of defendant, Osmon Reed, Jr. They separated, and on April 27th, 1867, a deed of separation was duly executed, to which they and plaintiff Nunez, as trustee for the wife, were parties, whereby Reed…
1Opinion of the CourtRapadlo, J.
The plaintiffs took from Osmond Reed a covenant, contained in the trust deed under which the plaintiffs claim, that Reed would, within ninety days after the date of the instrument, pay off any lien, mortgage or incumbrance, etc., existing on the chattels transferred, or any part thereof; and, by the same instrument, Mrs. Reed, and Runez as her trustee, covenanted that said chattels should be received in full satisfaction for her support and alimony, on the condition, however, that all mortgages, etc., on said chattels should be promptly discharged, as therein above stipulated. The instrument…
2Cases cited2 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Nickelson v. WilsonNew York Court of Appeals · 1875
3Cited by26 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Miller v. AldrichMichigan Supreme Court · 1875
- Bennett v. . BuchanNew York Court of Appeals · 1879
- Kingsland v. . FullerNew York Court of Appeals · 1899
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