Hutchinson v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Caroline S. Ward and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 9th day of October, 1905, upon the decision of the court, rendered after a trial at the Hew York Trial Term, the jury having been discharged.
1Opinion of the Court
Houghton, J.:
The defendants gave a bond to accompany a mortgage executed by them upon lands in the State of Hew Jersey. The mortgage was foreclosed and on a sale of the premises a deficiency arose, to recover which this action is brought upon the bond alone.
*157All parties were residents of the State of Hew Jersey at the time of the giving of the mortgage, and after a sale of the premises the mortgagee assigned his claim to such deficiency to this plaintiff, a a resident of this State. The obligors had become residents of this State or were temporarily sojourning here, and process was served upon…
2Cases cited3 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Union National Bank of Chicago v. ChapmanNew York Court of Appeals · 1902
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Hutchinson v. . WardNew York Court of Appeals · 1908
- Hammer v. Alaska-Ebner Gold Mines Co.District Court, D. Alaska · 1919