Zoebisch v. . Von Minden
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 30,1888, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted'a new trial. This action was brought to foreclose a mortgage made by the defendants, who are husband and wife.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 30,1888, which reversed a judgment in favor of plaintiff entered upon the report of a referee and granted'a new trial. This action was brought to foreclose a mortgage made by the defendants, who are husband and wife. The defendants answered separately, each averring in effect that no indebtedness in fact existed at the time of the execution and delivery of the bond and mortgage, arid that, therefore, the mortgage is void for want of consideration. And for a further defense, Mrs. Yon…
1Opinion of the CourtParker, J.
The General Term held that the sum secured' by the Parshall mortgage was discharged by the composition agreement and deed of release. And that the discharge having been voluntary, it left no moral obligation on the part of' the debtor sufficient to support a promise of payment., (Zoebisch v. Von Minden, 47 Hun, 213.)
Such holding was based upon the authority of Stafford v. Bacon (1 Hill, 532), where it is held that a moral obligation remains which will support a subsequent promise to pay, when the discharge of a creditor is by compulsion of law and, therefore, involuntary, but not where the…
2Cases cited3 opinions
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Crans v. . HunterNew York Court of Appeals · 1863
- Hadley Falls National Bank v. . MayNew York Court of Appeals · 1885
3Cited by12 opinions
- United States v. DunnSupreme Court of the United States · 1925
- Jackson v. VolkeningAppellate Division of the Supreme Court of the State of New York · 1903
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- In Re Clarence A. Nachman Co.Court of Appeals for the Second Circuit · 1925
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