Fairchild v. . Lynch
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 3, 1883, which affirmed a judgment in favor "of defendant, entered upon a decision of the court on trial without a jury. This action was upon a covenant contained in a deed from plaintiff to defendant by which the latter assumed a mortgage upon the premises and covenanted to pay the mortgage debt.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made January 3, 1883, which affirmed a judgment in favor "of defendant, entered upon a decision of the court on trial without a jury. This action was upon a covenant contained in a deed from plaintiff to defendant by which the latter assumed a mortgage upon the premises and covenanted to pay the mortgage debt. On February 18, 1873, plaintiff sold and conveyed to defendant certain premises, upon which there was at the time a mortgage executed by plaintiff to secure his bond due and…
1Opinion of the CourtFinch, J.
What consequence resulted to the plaintiff, from the assignment to him of his own bond and mortgage, is the first question debated in this case. When that transfer was made he had already sold the land to the defendant, not only subject to the outstanding incumbrance, but taking her personal covenant to assume and pay the mortgage debt. He has been defeated upon the ground that, while the mortgage lien might survive, as a taking of the pledge for the debt, yet the transfer of his own bond to himself worked an extinguishment of the personal security, and, at the most, left in existence only a…
2Cases cited5 opinions
- Mauri v. HeffernanNew York Supreme Court · 1816
- Bowen v. . BeckNew York Court of Appeals · 1883
- Wadsworth v. . LyonNew York Court of Appeals · 1883
- Goodyear v. WatsonNew York Supreme Court · 1851
- Thomas v. ThompsonNew York Supreme Court · 1807
3Cited by20 opinions
- Sache v. WallaceSupreme Court of Minnesota · 1907
- McFadden v. RossIndiana Supreme Court · 1886
- National Surety Corporation of New York v. EllisonCourt of Appeals for the Eighth Circuit · 1937
- Whitney v. MarshallIndiana Supreme Court · 1894
- Strohm v. GoodIndiana Supreme Court · 1888
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