Livingston & Tracy v. M'Inlay

16 Johns. 165
New York Supreme Court·Decided May 15, 1819·Published·Cited by 10 cases

Opinion

Per Curiam.

It was part of the original agreement at the time the judgment was entered, that it should be a security for future advances, beyond the amount, then actually due to the plaintiffs We see no solid objection to this, any more than to a mortgage being held as security for future advances; so far, at least, as the amount of the condition of the bond. If the amount of the advances, or responsibilities, exceeded the condition of the bond, it would present a different question. Under the circumstances of this case, we think the motion ought not to be granted.

Motion denied.

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Livingston & Tracy v. M'Inlay, 16 Johns. 165 (N.Y. Super. Ct. 1819).

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