Wadsworth v. . Lyon
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 14, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was upon a hond. The material facts are stated in the opinion. The defendant, Louisa L. Lyon, although a married woman, is liable on the bond, because she gave it for the purchase-money of land which was conveyed to her.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 14, 1880, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was upon a hond. The material facts are stated in the opinion. The defendant, Louisa L. Lyon, although a married woman, is liable on the bond, because she gave it for the purchase-money of land which was conveyed to her. (Tiemeyer v. Turnquist, 85 N. Y. 516; Westervelt v. Ackley, 2 Hun, 258; 62 N. Y. 505, 508; Siegel v. Johns, 58 Barb. 620;…
1Dissent
Miller, J. (dissenting, written on first argument).
The first question which demands consideration in this case is, whether the claim of the plaintiff, which is sought to he enforced herein, is barred by the judgment and the sale made upon the foreclosure of the mortgage, collateral to the bond in suit, by Fellows, the former owner and from whom title was acquired by the plaintiff, by virtue of several intermediate assignments. Said judgment recited the amount due upon the bond, and directed a sale of the mortgaged premises, the payment of the moneys arising therefrom upon the judgment, in the…
2Cases cited8 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Champney v. . CoopeNew York Court of Appeals · 1865
- Morris v. . MorangeNew York Court of Appeals · 1868
- Clemens v. . ClemensNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
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