Thayer v. . Marsh
New York Court of Appeals
Appeal from judgment, of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 11 Hun, 501.) This action was brought upon a covenant in a deed of certain premises from one Pulver to defendant, by which the latter assumed aud agreed to pay, as part of the purchase-price, a mortgage held by plaintiff upon the premises.
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Appeal from judgment, of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 11 Hun, 501.) This action was brought upon a covenant in a deed of certain premises from one Pulver to defendant, by which the latter assumed aud agreed to pay, as part of the purchase-price, a mortgage held by plaintiff upon the premises. The facts appear sufficiently in the opinion. The complaint was defective in that it did not allege the personal liability of the…
1Opinion of the CourtAndrews, J.
It is conceded that the clause in the deed from- Pulver to the defendant, that the conveyance was subject to the payment by the grantor of the mortgage in question, and that the grantee assumed the payment thereof, as a part of the purchase-money, authorizes the plaintiff, .as assignee of the mortgage, to maintain this action, provided Pulver was himself personally bound -to pay the mortgage. (Burr v. Beers, 24 N. Y., 178 ; Trotter v. Hughes, 12 id., 74; Vrooman v. Turner, 69 id., 280.)
The point now taken, and which is the only one upon which the defendant relies for the reversal of the…
2Cases cited1 opinion
- Burr v. . BeersNew York Court of Appeals · 1861
3Cited by18 opinions
- Title Guaranty & Trust Co. v. BushnellTennessee Supreme Court · 1920
- Langley v. . WadsworthNew York Court of Appeals · 1885
- Gilmour v. . ColcordNew York Court of Appeals · 1906
- Peck v. SmithAppellate Division of the Supreme Court of the State of New York · 1918
- Cash v. DiamondCity of New York Municipal Court · 1955
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