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Hoard v. Garner

Court of Appeals of the State of New York
Sep 1, 1851
10 N.Y. 261 (N.Y. 1851)

Opinion

September Term, 1851

Daniel Lord for the appellant, and

Charles H. Smith for the respondent.



My understanding of the covenant is, that the appellant was to take proper means, both for himself and others, to collect the amount of the mortgage. If he omitted for an unreasonable length of time to cause proceedings for foreclosure to be commenced; or if he employed an incompetent solicitor to commence and prosecute them; or if the proceedings, after being commenced, were unduly delayed by his own negligence, or that of his solicitor, his covenant was broken; for in each case, the proper means would not be taken to collect the money. The charge on this branch of the controversy, appears to me to be substantially right.

My impression from an examination of the evidence is, that the charge gave the jury too great a latitude on the subject of damages, but the exception is not sufficiently specific and pointed to reach the error, if one was committed.

Judgment affirmed.


Summaries of

Hoard v. Garner

Court of Appeals of the State of New York
Sep 1, 1851
10 N.Y. 261 (N.Y. 1851)
Case details for

Hoard v. Garner

Case Details

Full title:HOARD against GARNER

Court:Court of Appeals of the State of New York

Date published: Sep 1, 1851

Citations

10 N.Y. 261 (N.Y. 1851)

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