19 N.Y.S. 548 | N.Y. Sup. Ct. | 1892
The theory of the plaintiff’s cause of action is that in or about September, 1884, one Arthur M. Gaylord caused to be assigned to the defendant, Nelson Beardsley, a bond and mortgage conditioned to pay to the mortgagee named therein $4,784; that, in consideration of such assignment, the defendant agreed to pay to said Gaylord the par value of said bond and mortgage, and that the defendant paid on account of such purchase price the sumí of $2,500, leaving due Gaylord, including interest, $3,766.75; that Gaylord assigned bis claim against the defendant to Ann 0. Bradburn, who brought an action to recover said unpaid balance of the purchase price; that after bringing the action, she died, and the action was continued by order of the