Calvo v. . Davies
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court, in the first judicial department, affirming a-judgment in favor of defendant Davies, entered upon an order sustaining a demurrer to the complaint on his part. (Reported below, 8 Hun, 222.) This action was brought to foreclose a mortgage.
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Appeal from judgment of the General Term of the-Supreme Court, in the first judicial department, affirming a-judgment in favor of defendant Davies, entered upon an order sustaining a demurrer to the complaint on his part. (Reported below, 8 Hun, 222.) This action was brought to foreclose a mortgage. The complaint alleged in substance the execution of the mortgage by defendant Davies and wife as collateral security for the bond of Davies, the assignment of the bond and mortgage-to plaintiff, and that there had been a default, and that there-was a specified amount due and unpaid thereon. The…
1Opinion of the CourtAndrews, J.
The mortgaged premises became, on the conveyance by Davies to Leslie of the equity of redemption, as between Davies and his grantee, the primary fund for the payment of the mortgage ; but the right of the mortgagee to resort to the bond for the collection of his debt was not affected or impaired by the conveyance. Davies could not, by any dealing or contract with Leslie, change the rights of the creditor to proceed on the bond, or compel him to resort in the first instance to the land. (Marsh v. Pike, 10 Paige, 595.) On the other hand Davies relation to the debt was not changed by his…
2Cases cited9 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- Halsey v. ReedNew York Court of Chancery · 1842
- Morgan v. . SmithNew York Court of Appeals · 1877
- Marsh v. PikeNew York Court of Chancery · 1844
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
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3Cited by115 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Heaman v. E. N. Rowell Co.New York Court of Appeals · 1933
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Fanning v. MurphyWisconsin Supreme Court · 1906
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