Renz v. Ernst
New York Supreme Court
Action by William Renz and wife against Frank J. Ernst and others to foreclose a mortgage on realty. Judgment against defendant Ernst vacated and set aside, and decree entered for him. Peter Bachman and his wife were the owners of certain real estate upon which mortgages existed, one of which was foreclosed by an action between the plaintiffs and Peter Bachman and others.
Read the full summary
Action by William Renz and wife against Frank J. Ernst and others to foreclose a mortgage on realty. Judgment against defendant Ernst vacated and set aside, and decree entered for him. Peter Bachman and his wife were the owners of certain real estate upon which mortgages existed, one of which was foreclosed by an action between the plaintiffs and Peter Bachman and others. The action was carried to a sale of the premises, and a deficiency judgment therein was taken against the defendant Ernst in the sum of $2,905.57, in pursuance of an assumption clause in the conveyance to the defendant…
1Opinion of the CourtRodenbeck, J.
It does not appear, in this case that Ernst contracted to purchase the property and assume the outstanding mortgages, or that he assented to the insertion in the deed of the assumption clause. The contract which he made for the purchase- of the property merely described the property as subject to two mortgages, and did not provide that he was to assume and pay them. In the absence of an agreement modifying this written contract or assent on his part, there was no authority for inserting the assumption clause in the deed. Halsey, who drew the deed, was not attorney for Ernst, but was acting…
2Cases cited17 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Welles v. . YatesNew York Court of Appeals · 1871
- Curtis v. . AlbeeNew York Court of Appeals · 1901
- Trotter v. . HughesNew York Court of Appeals · 1854
- Gifford v. . CorriganNew York Court of Appeals · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burlingham v. HanrahanNew York Supreme Court · 1931