Craver v. Willson — 47 N.Y. 673

Majority

p. 673

Sylvester J. Craver, Appellant, v. Lucinda Willson, Respondent.

(Argued February 19, 1872;

decided February 27, 1872.)

Headnote

Action to foreclose a mortgage, executed by defendant to plaintiff as collateral to a bond. The. bond and mortgage were executed by defendant, a married woman, for the purpose of raising §1,000, §800 to be loaned to John H. Dearstyne and §200 for the benefit of James Willson, defendant’s husband. They were intrusted to James Dearstyne, who delivered them to the plaintiff, to be held as collateral security for a judgment he held against said James and others. Held, there was no consideration for the bond and mortgage, and a clear misappropriation thereof, and that plaintiff was not entitled to, recover.

p. 674

I. Browne for appellant.

I. Lcmson for respondent.

Agree to affirm on opinion of Parker, J., in Supreme Court.