Goodwin v. . Simonson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion to vacate and set aside a • judgment for a deficiency. This action was brought to foreclose five mortgages lipón certain premises situated in Jamaica, L. I.; the third in order' of said mortgages was executed by defendant, Addra E. ■ Simonson, to secure her bond.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term denying a motion to vacate and set aside a • judgment for a deficiency. This action was brought to foreclose five mortgages lipón certain premises situated in Jamaica, L. I.; the third in order' of said mortgages was executed by defendant, Addra E. ■ Simonson, to secure her bond. The decree adjudged that said defendant pay any deficiency after application of proceeds of sale to the payment of her own and the prior mortgages. The premises were exposed for sale under…
1Opinion of the CourtMiller, J.
Conceding that the appellant’s liability to pay the mortgage debt is that of a surety, it is by no means clear that any act was done by the plaintiff to relieve the defendant from the judgment against her for the deficiency upon the foreclosure sale. The alleged grounds upon which it is claimed that the defendant was discharged, are that the purchaser was not compelled to make a deposit, as was required by the terms of the sale; that the time for closing the sale was extended, and that no proceedings were instituted to obtain an attachment, as in a case of a contempt. The agreement to give…
2Cases cited3 opinions
- Miller v. CollyerNew York Supreme Court · 1862
- Singer v. TroutmanNew York Supreme Court · 1867
- De Haas v. BunnSupreme Court of Pennsylvania · 1845
3Cited by8 opinions
- Mariners Savings Bank v. DucaSupreme Court of Connecticut · 1922
- Bowling v. ChambersColorado Court of Appeals · 1904
- National Bank of Stamford v. Van KeurenAppellate Division of the Supreme Court of the State of New York · 1992
- Anthon v. BachelorNew York Supreme Court · 1889
- Phelan v. DownsAppellate Division of the Supreme Court of the State of New York · 1901
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