Egbert v. McGuire
New York Supreme Court
Bill in equity to foreclose mortgage on real property. Defense, extension of time to pay given to subsequent grantee whereby original principal debtor was discharged.
1Opinion of the CourtMcAdam, J.
The suit is in equity to foreclose a mortgage on real property made by the defendant McGuire to the plaintiffs, as trustees, to secure $21,500 and interest. McGuire subsequently conveyed the property to one Carrie S. Shotwell, who assumed the mortgage debt and thereby became, as between grantor and grantee, the principal debtor therefor. Baylies Sureties, 39; Paine v. Jones, 76 N. Y. 274. It is claimed by the defendant McGuire that at the time of such conveyance the plaintiffs, without his consent, extended the time for paying the mortgage debt, whereby he became discharged from all…
2Cases cited6 opinions
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Paine v. . JonesNew York Court of Appeals · 1879
- Spencer v. . SpencerNew York Court of Appeals · 1884
- Ridgeley v. JohnsonNew York Supreme Court · 1851
- Busse v. SchenckNew York Court of Common Pleas · 1885
1 more not listed; retrieve them via the Exa API.