Binsse v. Paige
New York Court of Appeals
John La Farge (for whom, on his death pending the suit, John Binsse and Louisa La Farge, executors, were substituted as plaintiffs), brought this suit against Alonzo 0. Paige, the Schenectady Bank and Eliza Peek, tobe discharged from liability to pay the deficiency of mortgages he had given to one Morris; or to have an account taken of rents and profits which-he claimed should be applied in reduction thereof.
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John La Farge (for whom, on his death pending the suit, John Binsse and Louisa La Farge, executors, were substituted as plaintiffs), brought this suit against Alonzo 0. Paige, the Schenectady Bank and Eliza Peek, tobe discharged from liability to pay the deficiency of mortgages he had given to one Morris; or to have an account taken of rents and profits which-he claimed should be applied in reduction thereof. The mortgages and the bonds to which they were collateral were upon leasehold property in New York. La Farge had assigned the leases, by assignments expressed to be subject to the…
1Opinion of the Court
By the Court.
Balcom, J.
John La Farge executed the mortgages to Morris in 1831, and also bonds for the payment of the money for which they were taken. Ho person ever agreed with him to pay or discharge the mortgages. He was a defendant in the suits for their foreclosure, and was properly adjudged liable to pay any deficiencies there might remain due upon them, after applying thereon the net proceeds of the sale ol" the mortgaged premises.
The correctness of the decrees, when made, is not disputed by the appellants’ counsel. But he contends that the purchase of the decrees by Paige, in trust for…
2Cases cited8 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Haggart v. . MorganNew York Court of Appeals · 1851
- Trotter v. . HughesNew York Court of Appeals · 1854
- Hurst v. . LitchfieldNew York Court of Appeals · 1868
- In re SouthwickNew York Court of Chancery · 1814
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3Cited by4 opinions
- Parker v. . DayNew York Court of Appeals · 1898
- Knickerbocker Life Insurance v. NelsonNew York Court of Appeals · 1879
- Clift v. MosesNew York Supreme Court · 1887
- Lasher v. Northwestern National InsuranceNew York Supreme Court · 1879