Paine v. . Jones
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court; in the second judicial department, affirming a judgment in favor of defendant Jones, entered upon a decision of tRe court on trial at Special Term. (Reported below, 14 Hun, 577.) This action was brought by plaintiff, as receiver of the Bond Street Savings Bank, to foreclose a mortgage executed by defendant Jones. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court; in the second judicial department, affirming a judgment in favor of defendant Jones, entered upon a decision of tRe court on trial at Special Term. (Reported below, 14 Hun, 577.) This action was brought by plaintiff, as receiver of the Bond Street Savings Bank, to foreclose a mortgage executed by defendant Jones. The facts appear sufficiently in the opinion. The bond is the contract here, and as its terms were not altered, and no injury done to defendant by any act of the obligee in changing the form of the security, he remained…
1Opinion of the CourtDanforth, J.
There is no dispute about the facts in this case. They have been found by the court at Special Term, and the appellant concedes that they are supported by the evidence. • So far as they concern the question involved in this appeal, they are as follows : On the 1st day of December, 1868, the defendant, Jones, executed to one Baker Ms bond and mortgage for $50,000, payable November 1, 1873, to secure the payment of so much of the purchase-money of certain promises described in the mortgage. Through various mesne assignments the bond and morttrao-c became the property of one Wright, and he, on…
2Cases cited3 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Marsh v. . DodgeNew York Court of Appeals · 1876
- Grant v. . SmithNew York Court of Appeals · 1871
3Cited by45 opinions
- Becker v. FaberNew York Court of Appeals · 1939
- Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
- Brennan v. ClarkNebraska Supreme Court · 1890
- Maulitz v. JonesSupreme Court of Alabama · 1931
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