Jones v. Guaranty & Indemnity Co.
Supreme Court of the United States
Appeal from the Circuit Court of the United States for tbe Eastern District of blew York. The New York Kerosene Oil Company and tbe New York Guaranty and Indemnity Company were corporations organized pursuant to the laws. óf.
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Appeal from the Circuit Court of the United States for tbe Eastern District of blew York. The New York Kerosene Oil Company and tbe New York Guaranty and Indemnity Company were corporations organized pursuant to the laws. óf. New York.- On the 15th of SV.bruary, ,1867, Abraham M. Cozzens, as the president of the Oil Company, applied to the Guaranty Company ■ for a loan of $100,000. The sum of $50,000 was advanced to him, and he thereupon delivered to the Guaranty Company the note' of the Oil Company fo'r that amount, of.: the date above mentioned, payable to and indorsed by A. M. Cozzens &…
1Opinion of the CourtJustice Swayne
The analysis of this case in the preceding statement divests it of all extraneous considerations, and presents it in the nakedness and simplicity of its material facts.
The central and controlling questions to be determined are:—
Whether the Oil Company had the power to give a mortgage for future advances; and,
Whether the mortgage here in question is, in the view of a court of equity, for the debt of the Oil Company or for the debt of Abraham M. Cozzens.
The oral arguments of the eminent counsel who appeared before us were addressed principally to these subjects. Numerous other points are made…
2Cases cited10 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Kortright v. . CadyNew York Court of Appeals · 1860
- United States v. BabbitSupreme Court of the United States · 1862
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Marshall v. VicksburgSupreme Court of the United States · 1873
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3Cited by115 opinions
- United States v. BallSupreme Court of the United States · 1896
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Fritts v. PalmerSupreme Court of the United States · 1889
- Bauserman v. BluntSupreme Court of the United States · 1893
- Lewis v. Fidelity & Deposit Co. of Md.Supreme Court of the United States · 1934
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