Martin v. Rapelye

New York Court of Chancery

Martin v. Rapelye

3 Edw. Ch. 229

CourtNew York Court of Chancery

DecidedJuly 18, 1838

StatusPublished

Cited by1 cases

This text of 3 Edw. Ch. 229 (Martin v. Rapelye) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Rapelye, 3 Edw. Ch. 229 (N.Y. 1838).

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Opinion

The Vice-Chancellor :

This case falls within the principle of Stevens v. Cooper, 1 J. C. R. 425, and the cases there cited by chancellor Kent. The mortgage speaks for itself as to the time when the principal sum is payable; and parol evidence cannot be received of an agreement between the parties at the time of executing the bond and mortgage postponing the time of payment and making it depend upon any other event than the efflux of time. This would vary and contradict the terms of the bond and mortgage.

The complainant is entitled to the usual decree.

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The Vice-Chancellor :

This case falls within the principle of Stevens v. Cooper, 1 J. C. R. 425, and the cases there cited by chancellor Kent. The mortgage speaks for itself as to the time when the principal sum is payable; and parol evidence cannot be received of an agreement between the parties at the time of executing the bond and mortgage postponing the time of payment and making it depend upon any other event than the efflux of time. This would vary and contradict the terms of the bond and mortgage.

The complainant is entitled to the usual decree.

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Bluebook (online)

3 Edw. Ch. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-rapelye-nychanct-1838.

Opinion

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