Brown v. Mason
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Perry E. Brown and another, as executors, etc., of Andrew Brown, deceased, from a judgment of .the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Chautauqua on the 21st day of December,- 1897, upon the report of a referee dismissing the plaintiffs’ complaint.
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Appeal by the plaintiffs, Perry E. Brown and another, as executors, etc., of Andrew Brown, deceased, from a judgment of .the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Chautauqua on the 21st day of December,- 1897, upon the report of a referee dismissing the plaintiffs’ complaint. The action was commenced September 10, 1895, to foreclose a mortgage executed by the defendant Melchert D. Mason to John C. Conway and Jonas Woodhead, comprising the firm .of Conway dk Woodhead, and hearing date January 17, 1894, but acknowledged the thirtieth day…
1Opinion of the Court
Spring, J.:
At the time of the giving of the bond and mortgage' Fanny A. Mason owed Conway & Woodhead on account for plumbing done in a hotel owned by her. Her husband had no interest in the hotel property -and was not in any way liable for the account mentioned. The evidence, without contradiction, shows that the bond and mortgage were given as collateral security for this account. Melchert D. Mason was,, therefore, surety for his wife, .and the mortgagees; knowing of this relation, were bound to give heed to it. (Grow v. Garlock, 97 N. Y. 81.)
The exact amount of the debt for which the bond…
2Cases cited5 opinions
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Grow v. . GarlockNew York Court of Appeals · 1884
- Shipman v. KelleyAppellate Division of the Supreme Court of the State of New York · 1896
- Martens-Turner Co. v. MackintoshAppellate Division of the Supreme Court of the State of New York · 1897
- Greene v. . BatesNew York Court of Appeals · 1878
3Cited by3 opinions
- Union Trust Co. v. WillseaNew York Court of Appeals · 1937
- German-American Bank v. SchwingerAppellate Division of the Supreme Court of the State of New York · 1902
- Richmond v. L & H K Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1969