Legal Opinion
Tousey v. Barber
New York Supreme Court
Decided September 24, 1928PublishedCited by 4 opinions
1Opinion of the CourtEdgcomb, J.
This is an action to foreclose a mortgage given by the defendants Barber to the plaintiff, to secure the payment of $2,526 and interest. The bond, which accompanied the mortgage, was signed by Dean M. and George G. Barber only. Hermoine and Martha A. Barber were in no way legally obligated to pay the debt. The defendants Barber transferred the mortgaged premises to the defendants George and Lena E. Isgar, who assumed and agreed to pay the incumbrance, and the bond secured thereby, as a part of the purchase price of the property. In his prayer for relief, plaintiff demanded judgment against…
2Cases cited9 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- Paine v. . JonesNew York Court of Appeals · 1879
- French v. FrenchAppellate Division of the Supreme Court of the State of New York · 1905
- Wagoner v. BradyAppellate Division of the Supreme Court of the State of New York · 1927
- Baehr v. SmithAppellate Division of the Supreme Court of the State of New York · 1915
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3Cited by4 opinions
- Security Pacific Mortgage & Real Estate Services, Inc. v. Herald Center Ltd.District Court, S.D. New York · 1990
- Albany Exchange Savings Bank v. WinneNew York Supreme Court · 1938
- Pines at Setauket, Inc. v. Retirement Management Group Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Bank of United States v. MoskowitzCity of New York Municipal Court · 1934