New Jersey Equity Reports Volume 9

New Jersey Equity Reports Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...that the demurrer ought to be overruled. Hannr L. Massaxna v. CHARLES MACKERLEY AND WIFE. Where a bill is filed to foreclose the equity of redemption, and for sale of property to satisfy what is due on n mortgage, it is no defence that the money would have been paid at the time it became due, had not the complainant, a year before. in conversation, told the defendant that he did not wish him to pay any more of the principal when it became due; and that if he needed it, he would give timely notice, and that no notice had been given. Such apromise amounts to nothing, being made without consideration. Where n bond and mortgage had been surreptitiously taken out of the complainant's possession, and the defendant did not doubt it, it was held to be no ground of defence, that the defendant was not bound to pay the money, unless the complainant produced the bond and indorsed the payment on it, or gave the defendant a suflicient indemnity against the bond and mortgage. The receipt of the complainant for the amount was good against all the world. Such a defence is not of acharucter to throw the burthen of any cost upon the complainant. On the 29th of March, 1849, the defendant, Maekerley, executed to the complainant two bonds; one to secure the payment of one thousand dollars, in one year, and the further sum of one thousand dollars in two years from date, with interest on the whole sum, payable annually; the other was to secure the sum of three thousand dollars, as follows: one thousand dollars on the first day of April, 1852; the further sum of one thousand dollars on the first of April, 1853; and the further sum of one thousand dollars on the first of April, 1854, with interest on the whole sum, payable annually. To secure the payment of these...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236763335
  • 9781236763334