Lobee v. Williams

Taylor, J. (concurring in result).

Hyde v. Miller (45 App. Div. 396; affd., 168 N. Y. 590) involved the foreclosure of a real estate mortgage. The mortgagor and two intermediate grantees and an ultimate grantee were made parties defendant. Each grantee had assumed and agreed to pay the mortgage. The plaintiff stipulated with the two intermediate grantees (Miller and Oldfield) that he would not enter a deficiency judgment against them. The mortgagor, against whom a deficiency judgment was entered, paid it in ignorance of the stipulation. In the Appellate Division opinion the court discusses the…