Krower v. . Reynolds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made June 3, 1884, which denied a motion for a new trial and directed judgment upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made June 3, 1884, which denied a motion for a new trial and directed judgment upon a verdict. The complaint in this action alleged in substance that in January, 1875, Marshall F. Shaw executed to William A. Capron his bond secured by mortgage upon certain lands in New Jersey, which bond and mortgage were duly assigned by Capron to Levi Oudkirk, plaintiff’s testator; that Shaw in 1876 sold and conveyed the mortgaged premises to defendant, subject to the mortgage, by deed,…
1Opinion of the CourtAndrews, J.
Judgment in the action was recovered against the defendant upon his covenant in his deed from Shaw to assume and pay the mortgage on the granted premises, executed by Shaw to Capron. The trial judge in substance ruled that the complaint set forth two causes of action, one upon the covenant and the other upon the deficiency judgment against Reynolds, founded on the covenant, rendered by the Hew Jersey court in an action for the foreclosure of the Ca-pron mortgage, in which Reynolds was joined as a party defendant. The defendant insists that only one cause of action was set forth in the…
2Cases cited1 opinion
- Marie v. . GarrisonNew York Court of Appeals · 1880
3Cited by13 opinions
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- Hudelson v. First National BankNebraska Supreme Court · 1897
- Munn v. CookNew York Supreme Court · 1890
- Bacon v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1903
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