Dinniny v. Gavin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph E. Gavin and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Chemung on the 6th day of February, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Chemung' Circuit.
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Appeal by the defendants, Joseph E. Gavin and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of Chemung on the 6th day of February, 1895, upon the verdict of a jury rendered by direction of the court after a trial at the Chemung' Circuit. The defendants, July 13, 1883, gave the plaintiff’s firm a chattel mortgage under seal upon the lease of the coal yard of which the defendants were in possession as tenants, and upon the horses, wagons, etc., which they used in conducting their coal business, to secure the payment…
1Opinion of the Court
Landon, J.:
We think the mortgage, which, is under seal, contains a covenant by the deféndants to pay the amount for which the mortgage was given. The defendants thereby agree, under seal, to pay it, and that is enough. (Booth v. Cleveland Mill Co., 74 N. Y. 15.)
The fact that the Statute of Limitations bars recovery upon the notes does not bar it upon the covenant in the mortgage. The notes are not paid; the remedy upon them is barred, but it is not barred upon the covenant in the sealed instrument, and the plaintiff is at liberty to resort to that covenant to secure payment of the debt due…
2Cases cited3 opinions
- Hulbert v. . ClarkNew York Court of Appeals · 1891
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
3Cited by9 opinions
- Greenley v. GreenleyAppellate Division of the Supreme Court of the State of New York · 1906
- Hoffman v. SheahinCourt of Appeals for the D.C. Circuit · 1941
- Guardian Depositors Corp. v. SavageMichigan Supreme Court · 1938
- Long Island Trust Co. v. Porta Aluminum, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Swanson v. BennettSupreme Court of Florida · 1946
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