Ontario Bank v. Mumford
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of (lie eighth circuit, allowing the demurrer of the defendant G. H. Mumford, one xf the defendants, and dismissing the bill as to him.
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This was an appeal from a decree of the vice chancellor of (lie eighth circuit, allowing the demurrer of the defendant G. H. Mumford, one xf the defendants, and dismissing the bill as to him. The complainants’ bill showed the following state of facts: In July, 1837, the defendant E. H. S. Mumford was the owner of a flouring mill and lot of land, in the county of Monroe, which .was subject to the lien of a mortgage for §10,000, given by him to W. W. Mumford; and which was then held by Edward, Rufus, and Frederick Prime, as assignees and trustees. E. H. S. Mumford, being such owner, sold the…
1Opinion of the Court
The Chancellor.
If a correct copy of the condition of the bond is set out -in the bill furnished me, a mistake has -occurred by inserting the word not in such condition; so as to make the bond void if B. H. S. Mumford should not indemnify the obligee against the mortgage, which was then a lien upon the premises. As G. H. Mumford was merely a surety in the -bond, if the proper construction of the language of the instrument itself does not make him responsible for the neglect of his principal to indemnify the obligee, the bond cannot be reformed, so as to render him liable, even if it was his…
2Cases cited4 opinions
- Lenox v. RobertsSupreme Court of the United States · 1817
- Bird v. CaritatNew York Supreme Court · 1807
- Kip v. Bank of New-YorkNew York Supreme Court · 1813
- Moseley v. BoushCourt of Appeals of Virginia · 1826
3Cited by12 opinions
- Rhoades v. BlackistonMassachusetts Supreme Judicial Court · 1871
- Walker v. BrooksMassachusetts Supreme Judicial Court · 1878
- Holbrook v. DickensonIllinois Supreme Court · 1870
- Trustees of Schools v. OtisIllinois Supreme Court · 1877
- In re AndersonDistrict Court, E.D. Virginia · 1876
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