Cashman v. . Henry
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming so far as appealed from a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage made and executed by Samuel Simon to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming so far as appealed from a judgment, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage made and executed by Samuel Simon to plaintiff. Simon sold and conveyed the mortgaged premises to ICate M. Cormac, a married woman, by deed, which was accepted by her, which contained a clause declaring that the conveyance was made subject to the mortgage, which the grantee assumed and agreed to pay as part of the consideration money. Mrs. Cormac…
1Opinion of the CourtAndrews, J.
This court in Vrooman v. Turner (69 N. Y., 280), affirmed the doctrine of King v. Whitely (10 Paige, 465), that where a grantor of an equity of redemption in mortgaged premises is not personally liable to pay the mortgage debt, and has no legal or equitable interest in such payment, except so far as the mortgage may be a charge upon the lands mortgaged, his grantee thereof incurs no liability to the holder of the mortgage by reason of a covenant on his part contained in the deed, to assume and pay the mortgage. The grounds of this doctrine are fully stated in the opinion in the cases cited,…
2Cases cited8 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Yale v. . DedererNew York Court of Appeals · 1858
- King v. WhitelyNew York Court of Chancery · 1843
- Bodine v. . KilleenNew York Court of Appeals · 1873
- Brigham v. WeaverMassachusetts Supreme Judicial Court · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tiemeyer v. . TurnquistNew York Court of Appeals · 1881
- Krouskop v. ShontzWisconsin Supreme Court · 1881
- Kress v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
- New York Life Insurance v. AitkinNew York Court of Appeals · 1891
- Carrier v. United Paper Co.New York Supreme Court · 1893
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