Wilsey v. Dennis
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The complaint alleged, the making of an agreement in writing between the parties, dated January 13,1859, which recited that the defendant had sold to the plaintiff his farm, situated in Lyons for the price of $3000, to be paid as follows: $138 down; $862, with interest, on the 1st of April, 1859; $500 in two years from April 1, 1859, with interest on all sums unpaid; and to pay a certain mortgage of $700 then on…
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APPEAL from a judgment entered upon the report of a referee. The complaint alleged, the making of an agreement in writing between the parties, dated January 13,1859, which recited that the defendant had sold to the plaintiff his farm, situated in Lyons for the price of $3000, to be paid as follows: $138 down; $862, with interest, on the 1st of April, 1859; $500 in two years from April 1, 1859, with interest on all sums unpaid; and to pay a certain mortgage of $700 then on the farm, &c. and the balance, $800, in three equal annual payments, with annual interest on the whole sum due at each…
1Opinion of the Court
By the Court, Welles, J.
It is abundantly clear, from the evidence, that there was but one mortgage of $700 upon the farm sold by the defendant to the plaintiff, and that one was given to Ann Eliza Bronson, guardian of Catherine Woolsey. This, the plaintiff was bound by the agreement to pay as a part of the foreclosure price of the farm. The records of mortgages of Wayne county contained two other records of mortgages,, precisely like the one mentioned, with a slight difference only in the name of the mortgagee, in one • of them. It happened on this wise. The defendant had negotiated a loan of…
2Cited by9 opinions
- Sweetland v. . BuellNew York Court of Appeals · 1900
- Hayes v. . NourseNew York Court of Appeals · 1889
- Tyler v. CateOregon Supreme Court · 1896
- Allen v. HazenMichigan Supreme Court · 1872
- Markwell v. ThornWisconsin Supreme Court · 1871
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