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Livingston & Tracy against MInlay; Austin & Andrews against The Same

New York Supreme Court of Judicature1819-05
16 Johns. 165

Authorities cited

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Opinion

majority 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.