Havens v. . Willis
New York Court of Appeals
Appeal by defendant, Benjamin A. Willis, from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30,1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed jointly by Benjamin F. Raynor and Edwin F. Raynor, but upon lands owned by the latter, to Mary Griffin.
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Appeal by defendant, Benjamin A. Willis, from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30,1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage executed jointly by Benjamin F. Raynor and Edwin F. Raynor, but upon lands owned by the latter, to Mary Griffin. It appeared that upon the conveyance of certain premises to James -W. Gillies, which were in fact purchased on the joint account of the grantee,…
1Opinion of the CourtMiller, J.
The mortgage which is the subject of foreclosure in this case was executed as an additional security to another mortgage, which had been previously executed and assigned to one Mary Griffin, the payment thereof having been guaranteed by Messrs. Peck, Godwin and Havens, to whom it was originally given. Mrs. Griffin by foreclosure of the last-named mortgage realized a portion of the money secured, and a deficiency remained of $11,563.14. For this amount the assignors of thennortgage, as guarantors, were sureties to her. They paid this deficiency to her, taking an assignment of the mortgage now…
2Cited by2 opinions
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1935
- Miller v. LillyWest Virginia Supreme Court · 1921