Ewell v. Hubbard
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David 0. Hubbard and another, from, a judgment of the County Court of Wyoming county, entered in the office of the clerk of the county of Wyoming on the 12th day . of April, 1899, upon the decision of the court rendered after a trial at a term of said court. The action was brought for the purpose of foreclosing a mortgage executed by .Henry Hubbard, father of the defendant David 0. Hubbard, given for purchase money.
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Appeal by the defendants, David 0. Hubbard and another, from, a judgment of the County Court of Wyoming county, entered in the office of the clerk of the county of Wyoming on the 12th day . of April, 1899, upon the decision of the court rendered after a trial at a term of said court. The action was brought for the purpose of foreclosing a mortgage executed by .Henry Hubbard, father of the defendant David 0. Hubbard, given for purchase money. After the death of the mortgagor the defendant David 0. Hubbard became the owner of six-sevenths of the property covered by the mortgage, and he took an…
1Opinion of the Court
Hardin, P. J.:
The appeal before us is only by David C. Hubbard arid Edward. Walter-Hubbard, by guardian; There is no appeal by. the plaintiff, and she cannot complain that costs of the action, were-not allowed to *385her, as, according to the usual course and practice, such costs might have been allowed to her:(2) There is no averment of a merger of the mortgage by the transfer of the same to David C. Hubbard. Whether a merger takes place depends, upon the intention of the parties. (Clift v. White, 12 N. Y. 519.)
The act of David C. Hubbard in transferring the mortgage to secure his surety seems…
2Cases cited1 opinion
- Clift v. . WhiteNew York Court of Appeals · 1855
3Cited by1 opinion
- Gutman v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1916