Roosevelt v. Carpenter
New York Supreme Court
THIS is an action brought upon a bond- made by John W. Carpenter and Joseph G. Carpenter, both deceased, tc James I. Roosevelt, deceased, and Cornelius Y. S. Roosevelt, against the heirs of Joseph G. Carpenter, who was the survivor of the obligors, by the plaintiff, who is the assignee of Cornelius Y. S. Roosevelt by assignment from him personally and as executor of James I. Roosevelt. The bond was conditioned for the payment of the principal sum of $2000 and interest.
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THIS is an action brought upon a bond- made by John W. Carpenter and Joseph G. Carpenter, both deceased, tc James I. Roosevelt, deceased, and Cornelius Y. S. Roosevelt, against the heirs of Joseph G. Carpenter, who was the survivor of the obligors, by the plaintiff, who is the assignee of Cornelius Y. S. Roosevelt by assignment from him personally and as executor of James I. Roosevelt. The bond was conditioned for the payment of the principal sum of $2000 and interest. The complaint alleges that the estate of Joseph G. ■Carpenter has been exhausted, and claims judgment against the heirs, who…
1Opinion of the Court
By the Court, Sutherland, J.
I think that the conclusion of law, found by the referee'in this case, was erroneous, and that the judgment entered upon his report should be reversed, and that there should be a new trial with costs to abide the event.
It is true, that as between the personal representatives and the heirs of Joseph Gr. Carpenter, the deceased surviving obligor, the mortgaged premises were primarily liable for the mortgage debt. (Halsey v. Reed, 9 Paige, 453-55. Johnson v. Corbett, 11 id. 270;) but this is an action by the assignee of the obligees of the bond, against the heirs of…
2Cases cited1 opinion
- Halsey v. ReedNew York Court of Chancery · 1842
3Cited by6 opinions
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
- Adams v. SmithNew York Supreme Court · 1887
- Thompson v. SullivanNew York Supreme Court · 1880
- Olmstead v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
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