Legal Opinion
Dilcher v. Nellany
New York Supreme Court
Decided January 15, 1907PublishedCited by 3 opinions
Action by bolder of bond on an agreement to pay one-half 'of any deficiency judgment against the obligor.
1Opinion of the CourtMarcus, J.
Prior to March, 1900, George Wadsworth, attorney of record for the plaintiff in this suit, was the owner and holder of a joint and several bond, then past due, executed by the plaintiff, the defendant, and Stanton and Fleming, which said bond was secured by a mortgage executed by the plaintiff alone.
On the 13th day of March, 1900, Wadsworth executed and delivered to defendant a release to him in substance as follows:
“For a good and valuable consideration to me in hand *366paid by the said Mellany * * * I do hereby release, exonerate and discharge him from any and all further duty, liability or…
2Cases cited14 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Burr v. . BeersNew York Court of Appeals · 1861
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Simson v. . BrownNew York Court of Appeals · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baird v. Erie RailroadNew York Supreme Court · 1911
- Dilcher v. NellanyAppellate Division of the Supreme Court of the State of New York · 1908
- Dilcher v. NellanyAppellate Division of the Supreme Court of the State of New York · 1909