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Duryea v. Mackey

56 N.Y. St. Rep. 887 Court N.Y. Gen. Term English

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p. 887
George Duryea, Resp’t, v. John Mackey et al., App’lts.
J. M. & T. B. Seaman, for app’lt John Mackey; Nathan Comstock, for app’lts Jacob Mackey and Freelove Lewis; E. T. Payne {Oscar Trishie, of counsel), for resp’t.

Pbatt, J.—There can be no question of the justice of the decree appealed from. The plaintiff advanced the money with the knowledge and consent of the defendants. It was used for their benefit, and they still enjoy the advantages by it procured. As remarked by the trial judge, they are in no position to dispute the validity of the loan. Judgment affirmed, with costs.