Weed v. Whitehead
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Weed, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 25tli day of ¡November, 1895, opening a judgment of default and permitting the defendants Mullineaux and Guest to interpose an answer.
1Opinion of the Court
Brown, P. J.:
This action was brought to foreclose a mortgage, upon real estate, made by one Osborne to the respondents Richard H. Mullineaux and Alonzo Guest, and by said Mullineax and Guest assigned to the plaintiff.
The assignment contained the following covenant: “ It is further covenanted and agreed, as part of this assignment, that the parties *193of the first part, their legal representatives and assigns, will pay to the said party of the second part, her legal representatives and assigns, any deficiency which may arise on a foreclosure sale of said mortgage, provided, however, such…
2Cases cited1 opinion
- Southard v. . CurleyNew York Court of Appeals · 1892
3Cited by8 opinions
- Jamaica Savings Bank v. TaylorAppellate Division of the Supreme Court of the State of New York · 1902
- Fitzgerald v. Arcade Theater Co.New York Supreme Court · 1915
- Burt v. QuackenbushAppellate Division of the Supreme Court of the State of New York · 1902
- Donald Friedman & Co. v. NewmanAppellate Division of the Supreme Court of the State of New York · 1930
- Dougherty v. Lion Fire InsuranceNew York Supreme Court · 1903
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