Van Schaick v. Van Buren
New York Supreme Court
Appeal from judgment on report of referee. Action by James A. Van Schaick against Edgar O. Van Burén, Paul O. Van Burén, and T. Franklin Silvey on a promissory note, in which defendants pleaded an agreement by plaintiff to take a note of defendant Edgar O. Van Burén, secured by mortgage, on the maturing of the note in suit. From a judgment entered on the report of a referee in favor of plaintiff, defendants appeal.
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Appeal from judgment on report of referee. Action by James A. Van Schaick against Edgar O. Van Burén, Paul O. Van Burén, and T. Franklin Silvey on a promissory note, in which defendants pleaded an agreement by plaintiff to take a note of defendant Edgar O. Van Burén, secured by mortgage, on the maturing of the note in suit. From a judgment entered on the report of a referee in favor of plaintiff, defendants appeal. The referee found the following facts: That on or about April 1, 1884, at Schuylerville, N. Y., the plaintiff loaned to the defendants the sum of $1,500, and they executed and…
1Opinion of the CourtHerrick, J.
I am not entirely satisfied with the findings of the referee upon the facts in this case. It seems to me that the preponderance of evidence shows that the agreement upon the part of the plaintiff was to advance an additional $1,500 in the spring of the year following the giving of the note in question, and to then take a mortgage for the whole $3,000, and surrender up the note of $1,500. But, conceding the true state of facts to be as I have suggested, still the agreement is one that does not seem to be capable of being enforced by reason of its -uncertainty. The authorities on that point…
2Cases cited2 opinions
- Milliman v. HuntingtonNew York Supreme Court · 1893
- Baurman v. BinzenNew York Supreme Court · 1891
3Cited by4 opinions
- Jones v. Vance Shoe Co.Court of Appeals for the Seventh Circuit · 1902
- Smith v. DotterweichAppellate Division of the Supreme Court of the State of New York · 1909
- Vilas National Bank v. BarnardNew York Supreme Court · 1894
- Hardman v. PolinoWest Virginia Supreme Court · 1933