Cobb v. Thornton
New York Supreme Court
The object of the action is to foreclose a mortgage executed by Richard B. Thornton and wife, to secure the payment of a joint and several promissory note, made by all the defendants except Thornton’s wife, and for a judgment against the makers of the note for any deficiency upon the sale of the mortgaged premises. Richard B. Thorntonj the mortgagor, defends. The other, defendants interpose no defence.
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The object of the action is to foreclose a mortgage executed by Richard B. Thornton and wife, to secure the payment of a joint and several promissory note, made by all the defendants except Thornton’s wife, and for a judgment against the makers of the note for any deficiency upon the sale of the mortgaged premises. Richard B. Thorntonj the mortgagor, defends. The other, defendants interpose no defence. The clerk of Cattaraugus county has assessed the damages upon the note as against the makers not defending; and the plaintiff now moves for judgment against them, to contain special provisions.
1Opinion of the Court
Marvin, Justice.
The plaintiff’s counsel supposed that section 274 of the Code justifies this motion, and that the court is authorized by it to render judgment against one or more of the defendants, leaving the action to proceed against the others. This section has given rise to much discussion and the decisions under it are conflicting, but I am not aware that any attempt has been made to apply it in the manner desired in- the present case.
The Revised Statutes, relating to the foreclosure of mortgages in chancery, are still in force. They empower t.he court to de- * cree a sale of the…
2Cases cited2 opinions
- McCarthy v. GrahamNew York Court of Chancery · 1840
- Bank of Rochester v. EmersonNew York Court of Chancery · 1843
3Cited by1 opinion
- French v. FrenchAppellate Division of the Supreme Court of the State of New York · 1905