Mutual Life Insurance v. Hall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asa W. Parker, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 2(>th day of January, 1898, upon the decision of the court rendered after a trial at the Dutchess County Special Term, as determines that the defendant, Asa W. Parker, is liable for a deficiency upon his bond in an action to foreclose a mortgage.
1Opinion of the Court
Hatch, J.:
Lucy Adaline Hall and her husband, now deceased, in 1883 executed and delivered a bond to the plaintiff and as collateral thereto executed and delivered a mortgage upon.the premises which are the subject of this action. Thereafter, and in 1887, Mrs. Hall conveyed the premises to one Hanaman; the latter covenanted to pay the mortgage and the plaintiff thereupon released Mrs. Hall, by an instrument in writing sufficient for that purpose, from all liability for any deficiency which might arise if the land did not produce sufficient to pay the mortgage debt. Hanaman subsequently…
2Cases cited4 opinions
- White v. . RintoulNew York Court of Appeals · 1888
- Murray v. . MarshallNew York Court of Appeals · 1884
- Smith v. SheldenMichigan Supreme Court · 1876
- Prime v. . KoehlerNew York Court of Appeals · 1879
3Cited by4 opinions
- Steele v. JohnsonMissouri Court of Appeals · 1902
- Mutual Life Insurance v. Yates County National BankAppellate Division of the Supreme Court of the State of New York · 1898
- Mutual Life Insurance v. Yates County Nat. BankAppellate Division of the Supreme Court of the State of New York · 1898
- Wysong v. MeyerAppellate Division of the Supreme Court of the State of New York · 1901