Reports of Cases Argued and Determined in the Court of Appeals of the State of New York (Volume 44) (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1871 Excerpt: ... Opinion of the Court, per Hunt, Com. any deficiency that might remain in the payment of interest and costs after applying the moneys applicable arising from a sale of the mortgaged premises. The justice who tried the action at Special Term, decided that Knox was only liable upon his guaranty for the interest that accrued up to the 31st of January, 1860 (when the principal of the bond became payable), and that he was not liable for any interest that accrued subsequent to that date. From the judgment entered on that decision the plaintiff appealed to the General Term in the first district. The General Term affirmed the judgment, and the plaintiff now appeals to this court. Nelson Smith, for the appellant, cited Hanford v. Rogers (11 Barb., 18); Jackson v. Dunsbagh (1 John. Gas., 91); Gates v. McKee (3 Kern., 232); Johnson v. Hill (4 HOI, 178); Brown v. Curtis (2 Comst., 225); Cardel v. McNeil (21 N. Y., 336); Fowler v. Clearwater (35 Barb., 143); Mason v. Pritchard (12 East., 227); Drummond v. Prestman (12 "Wheat., 515); Douglas v. Reynolds (7 Peters, 113); Lawrence v. McCalmont (2 How., 426); 2 Story on Cont., 662. Samuel Hand, for the respondent, cited Gates v. (3 Kern., 232); Ludlow v. Simond (2 Gaines. Gas., 1); Wahh v. Bailie (10 John., 180); Penoyer v. Watson (16 John., 100); Walrath v. Thompson (6 Hill, 540); Leeds v. Dunn (6 Seld., 469); Hamilton v. Van Bensselaer (43 K Y., 244). Hunt, C. The case of Hamilton v. Van Rensselaer (43 N." Y. R., 244), is decisive of the present case. There Van Rensselaer, as security for Waddington, guaranteed the payment of the interest of the bond given by Waddington to Hamilton. The bond was dated in July, 1854, and payable in January, 1861, with serni-annual interest. The guaranty was in the words following: "F...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1871 Excerpt: ... Opinion of the Court, per Hunt, Com. any deficiency that might remain in the payment of interest and costs after applying the moneys applicable arising from a sale of the mortgaged premises. The justice who tried the action at Special Term, decided that Knox was only liable upon his guaranty for the interest that accrued up to the 31st of January, 1860 (when the principal of the bond became payable), and that he was not liable for any interest that accrued subsequent to that date. From the judgment entered on that decision the plaintiff appealed to the General Term in the first district. The General Term affirmed the judgment, and the plaintiff now appeals to this court. Nelson Smith, for the appellant, cited Hanford v. Rogers (11 Barb., 18); Jackson v. Dunsbagh (1 John. Gas., 91); Gates v. McKee (3 Kern., 232); Johnson v. Hill (4 HOI, 178); Brown v. Curtis (2 Comst., 225); Cardel v. McNeil (21 N. Y., 336); Fowler v. Clearwater (35 Barb., 143); Mason v. Pritchard (12 East., 227); Drummond v. Prestman (12 "Wheat., 515); Douglas v. Reynolds (7 Peters, 113); Lawrence v. McCalmont (2 How., 426); 2 Story on Cont., 662. Samuel Hand, for the respondent, cited Gates v. (3 Kern., 232); Ludlow v. Simond (2 Gaines. Gas., 1); Wahh v. Bailie (10 John., 180); Penoyer v. Watson (16 John., 100); Walrath v. Thompson (6 Hill, 540); Leeds v. Dunn (6 Seld., 469); Hamilton v. Van Bensselaer (43 K Y., 244). Hunt, C. The case of Hamilton v. Van Rensselaer (43 N." Y. R., 244), is decisive of the present case. There Van Rensselaer, as security for Waddington, guaranteed the payment of the interest of the bond given by Waddington to Hamilton. The bond was dated in July, 1854, and payable in January, 1861, with serni-annual interest. The guaranty was in the words following: "F...

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Product Details

General

Imprint

General Books LLC

Country of origin

United States

Release date

February 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

February 2012

Authors

Dimensions

246 x 189 x 15mm (L x W x T)

Format

Paperback - Trade

Pages

274

ISBN-13

978-1-235-77331-0

Barcode

9781235773310

Categories

LSN

1-235-77331-0



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