Legal Opinion

Greene v. Odell

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899Published

Appeal by the defendant, Kate E. Howe Odell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 24th day of March, •,¡899, upon the decision of the court rendered after a trial at the Dutchess County Special Term. ■ ,

1Opinion of the Court

Hatch, J.:

This action is brought for the foreclosure of a mortgage, and also to charge the defendant Kate E. Howe Odell as a guarantor of payment of the bond which the mortgage accompanied and for which it was collateral security.. The mortgagor executed the bond and mortgage in April, 1893, and subsequently married Kate E. Howe. On May 1, 1896, Odell was in default for the payment of interest, and upon that date he gave his note for ninety dollars. On January 4, 1897, the plaintiff demanded additional security, as the note was unpaid and the interest was accumulating. Thereupon the defendant…

2Cases cited4 opinions

  1. Strong v. . SheffieldNew York Court of Appeals · 1895
  2. Drake v. . SeamanNew York Court of Appeals · 1884
  3. Porter v. ThomAppellate Division of the Supreme Court of the State of New York · 1898
  4. Hayes v. HoodNew York Supreme Court · 1890

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