Hyde v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mike Miller and Nicholas Oldfield,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 9th day of February, 1899, upon the verdict of a jury, rendered by direction of the court, and also an appeal by the defendant Oldfield from an order entered in said clerk’s office on the 8th day of March, 1899, denying the said defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendants, Mike Miller and Nicholas Oldfield,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 9th day of February, 1899, upon the verdict of a jury, rendered by direction of the court, and also an appeal by the defendant Oldfield from an order entered in said clerk’s office on the 8th day of March, 1899, denying the said defendant’s motion for a new trial made upon the minutes. The action was commenced on the 23d day of April, 1898, to recover the amount of a judgment for deficiency which the…
1Opinion of the Court
McLennan, J.:
As between the mortgagor, who is the plaintiff in this action, and the defendant Miller, her grantee, by assuming the payment of the mortgage by his agreement contained in the deed of conveyance to him, became the primary debtor and the plaintiff his surety. (Calvo v. Davies, 73 N. Y. 211; Johnson v. Zink, 51 id. 336; Marshall v. Davies, 78 id. 421; Mutual Life Insurance Co. v. Davies, 12 J. & S. 172; Blyer v. Monholland, 2 Sandf. Ch. 478.)
In Trotter v. Hughes (12 N. Y. 74) the head note is as follows : “ The acceptance of a deed of mortgaged premises containing a, provision that…
2Cases cited4 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Paine v. . JonesNew York Court of Appeals · 1879
- Trotter v. . HughesNew York Court of Appeals · 1854
- Ferris v. CrawfordNew York Supreme Court · 1845
3Cited by10 opinions
- Bondy v. Aronson & List Realties, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Wagoner v. BradyAppellate Division of the Supreme Court of the State of New York · 1927
- Rutherford National Bank v. MannielloAppellate Division of the Supreme Court of the State of New York · 1934
- Albany Exchange Savings Bank v. WinneNew York Supreme Court · 1938
- Futherer v. AngelidisAppellate Division of the Supreme Court of the State of New York · 1941
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