Hunt v. Bloomer
The Superior Court of New York City
Appeal from a judgment directing the sale of mortgaged premises. The cause was heard before Duer, J., at Special Term, upon the pleadings alone, of which the substance is as follows:— The complaint, filed on or about the 31st May, 1855, prays for the foreclosure of a mortgage, executed and delivered on the 22d day of May, 1854, to secure the payment of the defendants’ bond, which, by the terms of the condition thereof, is payable on the 17th day of May, 1855, with interest…
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Appeal from a judgment directing the sale of mortgaged premises. The cause was heard before Duer, J., at Special Term, upon the pleadings alone, of which the substance is as follows:— The complaint, filed on or about the 31st May, 1855, prays for the foreclosure of a mortgage, executed and delivered on the 22d day of May, 1854, to secure the payment of the defendants’ bond, which, by the terms of the condition thereof, is payable on the 17th day of May, 1855, with interest in the mean time, payable half-yearly. The defendants answer— That the bond and mortgage were given by the defendant…
1Opinion of the CourtBy the Court. Woodruff, J.
The question argued before us was, whether the agreement set up in the answer, under the circumstances therein alleged, operated to extend the time for the payment of the bond and mortgage to the 10th of August, 1855; and it seems to be conceded by the plaintiff’s counsel, that if we are of opinion that the agreement was valid and operative for that purpose, we ought to reverse the judgment.
It is important to observe further, that, although the case does not so state, it was conceded on the argument, that the understandings and agreements mentioned in the answer, (and of which proof on the…
2Cases cited9 opinions
- Blood v. GoodrichNew York Supreme Court · 1832
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Allen v. JaquishNew York Supreme Court · 1839
- Allen v. CrofootNew York Supreme Court · 1827
- Langworthy & Clark v. SmithNew York Supreme Court · 1829
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reid v. Diamond Plate-Glass Co.Court of Appeals for the Sixth Circuit · 1898
- Bull'S Head Bank v. KoehlerNew York Marine Court · 1878