Legal Opinion

Blass v. . Terry

New York Court of Appeals

Decided June 7, 1898PublishedCited by 20 opinions

Appeal from a judgment of the late General Term of the-Supreme Court in the fifth judicial department, entered August 10,1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial.

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Appeal from a judgment of the late General Term of the-Supreme Court in the fifth judicial department, entered August 10,1895, modifying and, as modified, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court, and an order denying a motion for a new trial. This action was brought against1 Georgianna B. S. Terry and Sarah L. Scofield to recover a deficiency .upon a sale of lands under mortgage foreclosure, half of which mortgage, it was alleged, had been assumed by the defendants as grantors, in a deed of an undivided one-lialf of the mortgaged premises. The…

1Opinion of the CourtO'Brien, J.

The plaintiffs recovered a judgment against-the defendant, a married woman, for the debt of a third party, which, it was claimed, the defendant had assumed and agreed to pay. The original debt was due to the plaintiffs from one Howell, who, on the 24th of August, 1887, gave a mortgage to secure it on certain lands in Ohio, where the debt was ere-" ated and the parties resided* It is alleged in the complaint that subsequently, and on the 18tli day of April, 1888, the defendants purchased a portion of the land covered by the mortgage, and assumed and agreed to pay the same to the extent of…

2Cases cited8 opinions

  1. Edwards v. . DooleyNew York Court of Appeals · 1890
  2. Gifford v. . CorriganNew York Court of Appeals · 1889
  3. Kilmer v. . SmithNew York Court of Appeals · 1879
  4. Townsend v. . RackhamNew York Court of Appeals · 1894
  5. Trustees of the Freeholders & Commonalty v. BowmanNew York Court of Appeals · 1893

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3Cited by20 opinions

  1. Raffel v. ClarkSupreme Court of Connecticut · 1913
  2. Welfare Building & Loan Ass'n v. BreuerWisconsin Supreme Court · 1933
  3. Page v. HincheeSupreme Court of Oklahoma · 1935
  4. Ludlum v. PinckardIllinois Supreme Court · 1922
  5. Parker v. Interstate Trust & Banking Co.Court of Appeals for the Fifth Circuit · 1932

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