Robinson v. Robinson
New York Supreme Court
This was a submission to the General Term for adjudication without action under § 372, of the Code. J. H. Robinson executed and delivered to the defendant, Sarah D. Robinson, as payee of certain notes signed and delivered in the name of the firm of J. H. R. & Son, whereof he was a member, a mortgage upon real estate belonging to him, conditioned for their payment by the mortgagor.
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This was a submission to the General Term for adjudication without action under § 372, of the Code. J. H. Robinson executed and delivered to the defendant, Sarah D. Robinson, as payee of certain notes signed and delivered in the name of the firm of J. H. R. & Son, whereof he was a member, a mortgage upon real estate belonging to him, conditioned for their payment by the mortgagor. J. H. R. survived his son and sole partner in the firm and died, having devised the mortgaged property as follows: “ After all-my lawful debts are paid and discharged, I -give,&c.” His executors had made payments on…
1Opinion of the Court
Present — E. D. Smith, Dwight and Johnson, JJ.
By the Court
— Johnson, J.
The question presented by this case is whether the plaintiff, as devisee of mortgaged premises,- shall pay and satisfy the mortgage out of her own funds, or whether it shall be paid out of partnership funds in the hands of the executors of the devisor, who are, with others, interested defendants. The mortgage, as appears upon its face; was-executed by the devisor, upon his individual property, to secure the payment of two promissory notes, made and delivered by the - firm of J. H. Robinson & Co., of which firm the devisor…
2Cases cited3 opinions
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Kirby v. CarpenterNew York Supreme Court · 1849
- Rapalye v. RapalyeNew York Supreme Court · 1857
3Cited by1 opinion
- Hooley v. GieveNew York Court of Common Pleas · 1878