Legal Opinion

Mutual Life Insurance v. Newton

Supreme Court of New Jersey

Decided June 15, 1888PublishedCited by 8 opinions

On motion to strike out plea. The declaration is upon a bond for $8000, made by the defendant to the plaintiffs. It states that this bond was accompanied by a mortgage, made by the defendant upon certain lands of his, to the plaintiffs, to secure the sum mentioned in said bond. That upon the foreclosure of this mortgage a sum was realized, which was applied to the payment of the said $8000, leaving a balance of $3877.53 still due.

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On motion to strike out plea. The declaration is upon a bond for $8000, made by the defendant to the plaintiffs. It states that this bond was accompanied by a mortgage, made by the defendant upon certain lands of his, to the plaintiffs, to secure the sum mentioned in said bond. That upon the foreclosure of this mortgage a sum was realized, which was applied to the payment of the said $8000, leaving a balance of $3877.53 still due. The defendant filed a plea, setting up that the sum of $3877.53 is the amount of a deficiency declared and decreed by the Court of Chancery as still due and owing…

1Opinion of the Court

*572The opinion of the court was delivered by

Reed, J.

The motion to strike out the plea raises the question, whether a party who has taken a personal decree in equity for a deficiency in the amount raised on the foreclosure of a mortgage, can afterwards bring an action at law upon the accompanying bond.

The view of the pleader was that the recovery, by way of a decree under the statute, was a bar against any other action upon the original cause of action. The notion of the plaintiffs’ counsel is, that a decree is not a judgment in a sense that implies a merger of the original cause of action, and…

2Cases cited9 opinions

  1. Hopkins v. LeeSupreme Court of the United States · 1821
  2. Foster v. Richard BusteedMassachusetts Supreme Judicial Court · 1868
  3. Pennington v. GibsonSupreme Court of the United States · 1854
  4. Coit v. TracySupreme Court of Connecticut · 1830
  5. Post v. NeafieNew York Supreme Court · 1805

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. DeVall v. DeVallOregon Supreme Court · 1910
  2. Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
  3. Sacks v. SteckerCourt of Appeals for the Second Circuit · 1932
  4. Du Bois v. SeymourCourt of Appeals for the Third Circuit · 1907
  5. Stewart v. WhiteSupreme Court of New Jersey · 1937

3 more not listed; retrieve them via the Exa API.

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