Jackson v. Pescia
New York Supreme Court
Action by Louisa Jackson and others against Enrico V. Pescia and others. Judgment for plaintiffs. Judgment affirmed in Jackson v. Meister & Bache Realty Co., 124 N. Y. Supp. 1118.
1Opinion of the Court
, CLARK, J.
Action to foreclose, for nonpayment of interest, a purchase-money mortgage for $10,000, made to the plaintiffs by the defendant Pescia, who alone defends; all other defendants being in default. Pescia, who subsequently conveyed the property, seeks to be relieved of the deficiency judgment sought to be recovered against him on the ground that as surety only he is discharged from his bond through the variation by the plaintiffs of the mortgage contract. The only clause in the mortgage to which reference need be made reads as follows:
“With the right and privilege to the party of the…
2Cases cited18 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Page v. . KrekeyNew York Court of Appeals · 1893
- Paine v. . JonesNew York Court of Appeals · 1879
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952
- Stevahn v. MeidingerNorth Dakota Supreme Court · 1952