Murray v. . Marshall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 12, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a bond executed by defendant to plaintiffs’ testator.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 12, 1882, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was upon a bond executed by defendant to plaintiffs’ testator. The answer averred, and the court found in substance, that at the time the bond was executed, a mortgage was also executed by defendant to secure the payment thereof; that thereafter defendant sold and conveyed the mortgaged premises subject to said mortgage; that plaintiff’s testator, in…
1Opinion of the CourtFinch, J.
The trial court held, that the extension by plaintiffs’ testator of the time of payment of defendant’s bond and mortgage, by-a valid agreemfent with her grantee, who had taken a deed subject to the mortgage but without assuming its payment, operated to disdhai*ge the defendant wholly from liability. -This conclusion rested upon the rule applicable to principal and surety, which forbids tlie former to change the essential terms of the contract without the consent of the latter, except at the peril of the surety’s complete discharge. In most of these cases the courts have refused to enter upon…
2Cases cited3 opinions
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Ducker v. . RappNew York Court of Appeals · 1876
- Kellogg v. . ThompsonNew York Court of Appeals · 1876
3Cited by80 opinions
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- Braun v. CrewCalifornia Supreme Court · 1920
- Nelson v. BrownSupreme Court of Missouri · 1897
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
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