Hutchinson v. . Ward
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30, 1907, affirming a judgment in favor of defendants entered upon a verdict directed by the court and an ''order denying a motion for a new trial. - The action was brought to recover the amount remaining due upon a bond, given by the defendants upon the execution of a mortgage upon real property in New Jersey, after applying the proceeds derived from a sale…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 30, 1907, affirming a judgment in favor of defendants entered upon a verdict directed by the court and an ''order denying a motion for a new trial. - The action was brought to recover the amount remaining due upon a bond, given by the defendants upon the execution of a mortgage upon real property in New Jersey, after applying the proceeds derived from a sale under a decree of the Court of Chancery of that state, had in foreclosure proceedings. The plaintiff is the assignee of…
1Opinion of the CourtGray, J.
The trial court, in directing judgment for the defendants, followed the decision of the Appellate Division upon a previous appeal. (114 App. Div. 156.) It was then held that the bond and mortgage “were New Jersey contracts * * * intended by the parties that they should be controlled by the existing laws of that state; ” that the plaintiff’s assignor " having followed the statute in his foreclosure, and a deficiency having arisen, * * * he was bound to pursue the remedy provided by the statute for its collection and that he could not come into a foreign state * * * and sue upon the bond as a…
2Cases cited5 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
- McMerty v. MorrisonSupreme Court of Missouri · 1876
- Gans v. FrankNew York Supreme Court · 1862
- Hutchinson v. WardAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by33 opinions
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Wedemann v. United States Trust Co.New York Court of Appeals · 1932
- Holzer v. Deutsche Reichsbahn-GesellschaftNew York Court of Appeals · 1938
- Compania De Inversiones Internacionales v. Industrial Mortgage Bank of FinlandNew York Court of Appeals · 1935
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