Comstock v. . Drohan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order denying a motion for a new trial, and directing . judgment on a verdict. (Reported below, 8 Hun, 373.) This action was brought to recover an alleged deficiency arising upon the foreclosure of a mortgage. The plaintiff owned a piece of land situated hi the city of Brooklyn, incumbered by a mortgage, which he had become liable to pay.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order denying a motion for a new trial, and directing . judgment on a verdict. (Reported below, 8 Hun, 373.) This action was brought to recover an alleged deficiency arising upon the foreclosure of a mortgage. The plaintiff owned a piece of land situated hi the city of Brooklyn, incumbered by a mortgage, which he had become liable to pay. On the 28th of March, 1869, he sold and conveyed the land to the defendant, the deed containing the following clause: “ Subject, nevertheless, to…
1Opinion of the CourtRapallo, J.
The rights and equities of the parties, under the state of facts existing in this case, have been defined by several adjudications. The defendant, by taking a conveyance of the land from the plaintiff subject to the mortgage in question, and assuming the payment of the mortgage as part of the consideration for the conveyance, became personally liable to the holder of the mortgage for the mortgage debt, and her grantor (the plaintiff), being also personally liable for the same debt, she, by assuming it, became bound to indemnify the plaintiff against his liability. The amount allowed to the…
2Cited by36 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Burnham v. City of MilwaukeeWisconsin Supreme Court · 1897
- Scofield v. . DoscherNew York Court of Appeals · 1878
- Durham v. CraigIndiana Supreme Court · 1881
- Slauson v. . WatkinsNew York Court of Appeals · 1881
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