Maloney v. . Nelson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 30, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 30, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and ordered a new trial. This action was brought to foreclose a mortgage given by the defendant to the plaintiff on the 16th of October, 1891. The mortgage recites that, “Whebeas, The said party of the second part has signed as one surety a bond or recognizance in the penal sum of ten thousand dollars, that Thomas O’Brien shall appear to answer the charge against him in…
1Opinion of the CourtPeokham, J.
We think the court at General Term was right in its construction of the bond and mortgage. The true ■question is, what was the intention of the parties to the mortgage \ The circumstances appearing from the recitals both in the mortgage and in the bond accompanying it, would seem to show beyond controversy that the intention, of the parties was to obtain and to give indemnity to the plaintiff against .any loss or damage which he might sustain by reason of being ■compelled to pay the amount or any part thereof named in the bail bond which he had signed. The plaintiff was under no obligation…
2Cases cited1 opinion
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
3Cited by27 opinions
- Leary v. United StatesSupreme Court of the United States · 1912
- Moloney v. . NelsonNew York Court of Appeals · 1899
- Carr v. DavisWest Virginia Supreme Court · 1908
- United States ex rel. W. E. Foley & Bro. v. United States Fidelity & Guaranty Co.Court of Appeals for the Second Circuit · 1940
- In re H. L. Herbert & Co.Court of Appeals for the Second Circuit · 1919
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