Griswold v. Griswold
New York Supreme Court
This was an appeal from a judgment entered for the plaintiff upon a referee’s report. The plaintiff, as executrix of the last will and testament of Manly Griswold, deceased, is the owner of a bond and mortgage, executed and delivered by defendant to one David H. Horton, on which there was due on the twentieth of March, 1871, $555. This action was brought to foreclose the mortgage.
Read the full summary
This was an appeal from a judgment entered for the plaintiff upon a referee’s report. The plaintiff, as executrix of the last will and testament of Manly Griswold, deceased, is the owner of a bond and mortgage, executed and delivered by defendant to one David H. Horton, on which there was due on the twentieth of March, 1871, $555. This action was brought to foreclose the mortgage. The only defence which presents any question considered on this appeal is the fourth, and it is in substance that Laona James died in the year 1857, leaving a last will, wherein and whereby she bequeathed to…
1Opinion of the CourtMullin, P. J.
The judgment of the referee cannot be sustained. The undertaking of Manly was not to assume or pay tire debt of any person, but it was to satisfy the mortgage held by himself against the defendant upon a new and sufficient consideration, moving between him and the defendant, *74upon the faith of his promise to satisfy the mortgage; the executor of Laona James, at the request of the defendant, discharged the claim he and his wife owned, as legatees under her will against Parley.
It is true that the executor never executed any technical release, but the legatees entitled to the debt did, with his…
2Cases cited3 opinions
- Palmerton v. HuxfordNew York Supreme Court · 1847
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Neary v. BostwickNew York Court of Common Pleas · 1859
3Cited by2 opinions
- Indian River Islands Corp. v. Manufacturers Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
- First National Bank v. KreigNevada Supreme Court · 1893