Grow v. . Garlock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the second Tuesday of June, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are stated in the opinion. The mortgage in suit, being given for Jason Garlock by defendant Horace Garlock, and there being a valid agreement between them that the former should pay it in exoneration of the latter and his property, and plaintiff having knowledge of this relation and agreement, Horace…
1Opinion of the CourtEarl, J.
This action was brought to foreclose a mortgage ' dated Hay 20, 1874, given by the defendant Horace Garlock to the plaintiff. It is alleged in the complaint that on the 16th day of February, 1875, the defendant Jason Garlock, by his writing indorsed upon the bond which the mortgage was given to secure, for value received, duly guaranteed the payment of the bond and mortgage, and a deficiency judgment is prayed against both Horace and Jason. All the defendants but Horace Garlock and Adam J. Snell suffered default. Snell alleged in his answer that he granted the mortgaged premises to Horace…
2Cases cited1 opinion
- Colgrove v. . TallmanNew York Court of Appeals · 1876
3Cited by23 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Dibble v. . RichardsonNew York Court of Appeals · 1902
- National Citizens' Bank v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
- State Bank v. . SmithNew York Court of Appeals · 1898
- United States National Bank v. UnderwoodAppellate Division of the Supreme Court of the State of New York · 1896
18 more not listed; retrieve them via the Exa API.