Belmont v. . Coman
New York Court of Appeals
Appeal from the Supreme Court. Action for the foreclosure of four mortgages, executed by one Gratacap to Francis Griffin, and by him assigned to the plaintiff. The complaint prayed that the defendant Coman might be adjudged to pay any deficiency arising upon the sale. On the trial before a referee, these facts were found: Subsequent to the execution of the mortgages by him, Gratacap conveyed the premises described therein to Coman, by deed, with full covenants.
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Appeal from the Supreme Court. Action for the foreclosure of four mortgages, executed by one Gratacap to Francis Griffin, and by him assigned to the plaintiff. The complaint prayed that the defendant Coman might be adjudged to pay any deficiency arising upon the sale. On the trial before a referee, these facts were found: Subsequent to the execution of the mortgages by him, Gratacap conveyed the premises described therein to Coman, by deed, with full covenants. The consideration was stated to be $12,000, the receipt whereof was acknowledged. The habendum clause was: “To have and to hold the…
1Opinion of the Court
Comstock, Ch. J.
The consideration expressed in the introductory part of the deed is stated to be $12,000. In the habendum clause, the conveyance is declared, in substance, to be subject to the sum of $8,500, secured by certain prior mortgages given by the grantor; which sum, it is further declared, has been estimated as a part of the consideration money, and deducted therefrom. The grantor was personally liable upon his bonds for the amount of these mortgages, and his deed contained the usual full covenants. The question upon these facts is, whether the grantee became personally bound to pay…
2Cited by60 opinions
- Jemzura v. JemzuraNew York Court of Appeals · 1975
- Burr v. . BeersNew York Court of Appeals · 1861
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Elliott v. SackettSupreme Court of the United States · 1883
- Shepherd v. MaySupreme Court of the United States · 1885
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