Hoppock v. Plato

New York Supreme Court

Hoppock v. Plato

30 How. Pr. 120

DecidedDecember 15, 1865

StatusPublished

This text of 30 How. Pr. 120 (Hoppock v. Plato) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoppock v. Plato, 30 How. Pr. 120 (N.Y. Super. Ct. 1865).

Pincite

Opinion

Ingraham, J.

This suit was brought to enforce an instrument in the nature of a mortgage, on certain property of the defendant Plato, in favor of plaintiff, to secure the payment of notes to the amount of $10,000. After giving the instrument, defendant Plato executed a general assignment to the defendant Stone, conveying all his property, including that covered by the mortgage to plaintiff. The mortgage was stámped with a five cent stamp.

The court held it to be void under the stamp act, for want of the proper stamp to be affixed to a mortgage to secure $10,000, and dismissed the complaint with costs.

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Ingraham, J.

This suit was brought to enforce an instrument in the nature of a mortgage, on certain property of the defendant Plato, in favor of plaintiff, to secure the payment of notes to the amount of $10,000. After giving the instrument, defendant Plato executed a general assignment to the defendant Stone, conveying all his property, including that covered by the mortgage to plaintiff. The mortgage was stámped with a five cent stamp.

The court held it to be void under the stamp act, for want of the proper stamp to be affixed to a mortgage to secure $10,000, and dismissed the complaint with costs.

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Bluebook (online)

30 How. Pr. 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoppock-v-plato-nysupct-1865.