Murray v. . Fox
New York Court of Appeals
Appeals from two judgments of the General Term of the Supreme Court in the fifth judicial department, entered upon orders made January 23, 1886, which affirmed judgments in favor of plaintiff, each entered upon decisions of the court on trial without a jury.
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Appeals from two judgments of the General Term of the Supreme Court in the fifth judicial department, entered upon orders made January 23, 1886, which affirmed judgments in favor of plaintiff, each entered upon decisions of the court on trial without a jury. (Reported below, 39 Hun, 108.) These actions were brought by plaintiff as administratrix of the estate of Hugh Murray, deceased, to foreclose mortgages, both executed by Arthur W. Fox and Horace Williams to said Murray, formerly copartners, upon certain pieces of real estate in Buffalo, a portion of which were owned by the mortgagors…
1Opinion of the CourtFinch, J.
The most important question in these cases grows' out of the release executed by the plaintiff, which purports to discharge the party primarily liable for the 'mortgage debt from all responsibility for its payment. The bond in the first action was executed by Arthur W. Fox, and secured by the mortgage of Fox & Williams. The bond in the second action was executed by both and secured in like manner. The mortgages incumbered parcels of land which had been conveyed by Fox & Williams to the Grape ■ Sugar '‘Company by a full covenant deed, and for a price which 'covered the full value of the…
2Cases cited3 opinions
- Brown v. WilliamsNew York Supreme Court · 1830
- Wadsworth v. . LyonNew York Court of Appeals · 1883
- Skeel v. SprakerNew York Court of Chancery · 1840
3Cited by6 opinions
- In re the Judicial Settlement of the Account of Bankers Trust Co.New York Surrogate's Court · 1927
- Brown v. Pacific Coast AgencyCalifornia Court of Appeal · 1921
- Hawkins v. PotterCourt of Appeals of Texas · 1910
- Westervelt v. BurnsAppellate Terms of the Supreme Court of New York · 1899
- Doty v. Case & Willard Thresher Co.New York Supreme Court · 1889
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