Livingston & Tracy v. M'Inlay, 16 Johns. 165 (N.Y. Sup. Ct. 1819). · Go Syfert
Livingston & Tracy v. M'Inlay, 16 Johns. 165 (N.Y. Sup. Ct. 1819). Cases Citing This Book View Copy Cite
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  • Truscott v. King, 6 Barb. 346 (N.Y. Sup. Ct. 1849).published
    Rep. 326. 6 Id. 281, 288. 5 Cowen, 441. 16 John. 165 . 3 Paige, 614 . 1 Sandf.
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Livingston & Tracy against M'Inlay Austin & Andrews against The Same
New York Supreme Court.
May 15, 1819.
Published opinion
16 Johns. 165
Cited by 10 opinions  |  Published
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.