Fleming v. Gilbert
New York Supreme Court
, THIS was an action of debt on a bond, dated the 3d[ November, 1805, to which there was the following condition : “ that if the said Elias Gilbert, his Heirs, &c. shall by the 1st day of January next, procure, or cause to be procured and delivered to the said J. F. or his heirs,' &c. free from, any expense or cost, a certain mortgage and bond, given by the said J. F. to one Isaiah Gilbert,' bearing date the 25th March, 1806, for the sum of 500 dollars, and also discharge…
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, THIS was an action of debt on a bond, dated the 3d[ November, 1805, to which there was the following condition : “ that if the said Elias Gilbert, his Heirs, &c. shall by the 1st day of January next, procure, or cause to be procured and delivered to the said J. F. or his heirs,' &c. free from, any expense or cost, a certain mortgage and bond, given by the said J. F. to one Isaiah Gilbert,' bearing date the 25th March, 1806, for the sum of 500 dollars, and also discharge the same from the record of the said county then, &c. The defendant pleaded the general issue, with notice of special…
1Opinion of the CourtThompson, J.
The first question presented by this case is, whether the facts set forth in the notice, under the defendant’s plea, afford a yalid defence to the present suit. I am inclined to think that they do. The condition of the bond substantially is, that' the defendant should, by a certain day, procure and deliver to the plaintiff, a bond and mortgage which he had given to Isaiah Gilbert, and to discharge the same from the record. The defendant, within the time limited, did procure the bond and mortgage, and tendered, and offered them to the plaintiff; and did also offer to do whatever the plaintiff…
2Cases cited1 opinion
- Covenhoven v. SeamanNew York Supreme Court · 1799
3Cited by74 opinions
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- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Young v. . HunterNew York Court of Appeals · 1852
- Smith v. GugertyNew York Supreme Court · 1848
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