Stebbins v. Hall
New York Supreme Court
THE plaintiff Stebbins commenced this suit against TimothyHough, William and James F. Hall and others, to foreclose a mortgage, executed by Timothy Hough to Robert M. Richardson, and claimed that William and James F. Hall were personally liable for any deficiency arising on the sale of the mortgaged premises, on the ground that they purchased the premises of Hough, and in the conveyance by warranty deed, from Hough to them, was this provision: “ Subject also to a mortgage…
Read the full summary
THE plaintiff Stebbins commenced this suit against TimothyHough, William and James F. Hall and others, to foreclose a mortgage, executed by Timothy Hough to Robert M. Richardson, and claimed that William and James F. Hall were personally liable for any deficiency arising on the sale of the mortgaged premises, on the ground that they purchased the premises of Hough, and in the conveyance by warranty deed, from Hough to them, was this provision: “ Subject also to a mortgage for $3150, given by said Timothy Hough to Robert M. Richardson, dated August 26, 1854, which mortgage the said party of…
1Opinion of the CourtBacon, J.
If the learned referee, before whom this cause was tried, had placed his decision either upon the ground that the clause in the deed by which the defendants, William and James F. Hall, in terms assumed the mortgage existing upon the premises conveyed to them, charged them with its payment; or that upon the evidence in the case, as a matter of fact they became thus liable, I should hardly have ventured to dissent from his conclusion. But as I understand his rulings upon the trial, and especially the first conclusion of law contained in his report, he does not place his judgment upon either…
2Cases cited9 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Marsh v. PikeNew York Court of Chancery · 1844
- Ferris v. CrawfordNew York Supreme Court · 1845
- Jumel v. JumelNew York Court of Chancery · 1839
- Murray v. SmithThe Superior Court of New York City · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. . ZinkNew York Court of Appeals · 1873
- Wright v. AndersonSouth Dakota Supreme Court · 1934
- Adams v. WadhamsNew York Supreme Court · 1862
- Jager v. VollingerMassachusetts Supreme Judicial Court · 1899
- University State Bank v. SteevesWashington Supreme Court · 1915
3 more not listed; retrieve them via the Exa API.