Bartlett v. Gale
New York Court of Chancery
The bill in this cause was filed in June, 1830, to obtain payment and satisfaction of the balance due upon a bond ' and mortgage given by G-. B. Gale and wife to J. Lambe, in' October, 1837. The mortgage, as originally given, included a tavern stand in the county of Washington, and a farm in the county of Orange; and was conditioned for the payment of $4000, with interest.
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The bill in this cause was filed in June, 1830, to obtain payment and satisfaction of the balance due upon a bond ' and mortgage given by G-. B. Gale and wife to J. Lambe, in' October, 1837. The mortgage, as originally given, included a tavern stand in the county of Washington, and a farm in the county of Orange; and was conditioned for the payment of $4000, with interest. By a written agreement between G. B. Gale, T. Tole, junior, and J. Lambe, previous to the death of the latter who died in August, 1829, $2500 of the. mortgage was assigned to Tole, which sum was to be and remain a lien upon…
1Opinion of the Court
The Chancellor.
The defendants’ counsel is wrong in supposing that the whole answer must be taken together as evidence, and that the complainant cannot avail himself of the admissions in one part of it, without being also bound by the statements and allegations in other parts of the same answer. This is not so, even where the complainant calls for an answer on oath; except as to those parts of it which are responsive to the bill. But where an answer on oath is waived, although as a pleading the complainant may avail himself of admissions and allegations in the answer which go to establish the…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by12 opinions
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Snyder v. PartridgeIllinois Supreme Court · 1891
- County of Polk ex rel. School Fund v. SypherSupreme Court of Iowa · 1864
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1912
- West v. ShryerIndiana Supreme Court · 1868
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