Crouse v. Rowley
New York Supreme Court
Appeal from circuit court, Oneida county. Action by Daniel H Crouse, as executor of Charlotte B. Crouse, against Alonzo Rowley and others, on the following instrument: “We hereby, for value received, guaranty the payment of the within bond, or any deficiency, to be paid by each of us pro rata, according to the following amounts, to-wit: Rowley & Hey, $578.87; Daniel Crouse & Sons, $440.73; Thomas Owens, $337.80. Dated Utica, February 14,1880. [Signed] Daniel Crouse & Sons.
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Appeal from circuit court, Oneida county. Action by Daniel H Crouse, as executor of Charlotte B. Crouse, against Alonzo Rowley and others, on the following instrument: “We hereby, for value received, guaranty the payment of the within bond, or any deficiency, to be paid by each of us pro rata, according to the following amounts, to-wit: Rowley & Hey, $578.87; Daniel Crouse & Sons, $440.73; Thomas Owens, $337.80. Dated Utica, February 14,1880. [Signed] Daniel Crouse & Sons. Thomas •Owens. Rowley & Hey.” Levi James, in February, 1880, assigned to plaintiff a real-property mortgage, dated…
1Opinion of the CourtHardin, P. J.
Defendants, in their answers, admit, viz.: “That the real estate and property mentioned and described in said mortgage from Philip-James to Levi James were, before the commencement of this action, sold at-a judicial sale thereof, under and by virtue of a foreclosure of a prior mortgage on the same, and conveyed to a purchaser thereof, yielding no surplus.” That admission must be taken as true “for the purposes of the action.” Section 522, Code Civil Proc. Such position seems to have been understood by the defendants at the trial. Beading the instrument executed by the defendants on the 14th…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Finch v. . ParkerNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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- Taber v. Board of SupervisorsNew York Supreme Court · 1891