Dibble v. . Richardson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1901, affirming- a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff, as one of the executors of the last will of Mary Callahan, deceased, brought this action to foreclose a mortgage given to her by Asa B. Richardson and Annie C., his wife.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 23, 1901, affirming- a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff, as one of the executors of the last will of Mary Callahan, deceased, brought this action to foreclose a mortgage given to her by Asa B. Richardson and Annie C., his wife. Mr. Richardson, the other executor, declined to unite as plaintiff and was made a defendant in his representative capacity. The defendants answered separately, alleging that…
1Opinion of the CourtVann, J.
The defendants, by their exception to the conclusion of law, raised the question whether that conclusion was supported by the facts found. If the demand secured by the bond and mortgage was the debt of Mrs. Richardson, as principal debtor, the conclusion was clearly right; but if it was the debt of Mr. Richardson, and his wife, in fact and to the knowledge of Mrs. Callahan, merely became surety for him, the codicil acted upon the debt and by canceling it released both. As the action is in equity, which “ regards not the form but the substance and intent of the transaction,” the court, led by…
2Cases cited8 opinions
- Neimcewicz v. GahnNew York Court of Chancery · 1831
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Noel v. . MurrayNew York Court of Appeals · 1855
- The Bank of Albion v. . BurnsNew York Court of Appeals · 1871
- Whitbeck v. Van NessNew York Supreme Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cohen v. RossmooreAppellate Division of the Supreme Court of the State of New York · 1929
- Congregation Ohavei Shalom, Inc. v. Comyns Bros.Appellate Division of the Supreme Court of the State of New York · 1986
- Smith v. TostevinCourt of Appeals for the Second Circuit · 1917
- In re the Estate of RobinsonNew York Surrogate's Court · 1940
- Neukirch v. McHughAppellate Division of the Supreme Court of the State of New York · 1914
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