New York Supreme Court, 1809

Jackson ex dem. Carr v. Green

Jackson ex dem. Carr v. Green
New York Supreme Court · Decided February 15, 1809
4 Johns. 186

Counsel

Van Vechten, for the plaintiff., Foot contra.

Jackson ex dem. Carr v. Green

Opinion of the Court

Per Curiam.

The assignment is, of itself, absolute, in form ; but from the bond which accompanies it, it appears to have been made, by way of mortgage, and can have no greater, or other effect than a mortgage. It is, therefore, within the case of Jackson, ex dem. Benton, v. Laughead, and the defendant is entitled to a notice to quit. The verdict must be set aside, and a nonsuit entered.

Judgment of nonsuit.

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