Garnsey v. . Rogers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered upon the report of a referee in favor of plaintiff. On and prior to the 23d of January, 1861, the plaintiff, Lewis R. Garnsey, was the owner of two mortgages upon the premises described in the complaint, one of which was given to him directly, and the other of which he had acquired by purchase and assignment from the original . mortgagee named therein.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered upon the report of a referee in favor of plaintiff. On and prior to the 23d of January, 1861, the plaintiff, Lewis R. Garnsey, was the owner of two mortgages upon the premises described in the complaint, one of which was given to him directly, and the other of which he had acquired by purchase and assignment from the original . mortgagee named therein. At the date above mentioned, the premises covered by these mortgages were owned by the defendant, Richard M. Hermanee,…
1Opinion of the CourtRapallo, J.
The liability of a grantee, who accepts a conveyance by the terms of which he assumes the payment of an existing mortgage upon the land, to respond directly to the mortgagee for a deficiency, in case of a foreclosure and sale, 'was first adjudged in this State in the case of Halsey v. Reed (9 Paige, 445). That adjudication was followed in the cases of Marsh v. Pike (10 Paige, 597); Cornell v. Prescott (2 Barb., S. C., 16); Bhyr v. Monholland (2 Laws of Ch., 478), and other cases. In these cases, the sole ground upon which the liability of the grantee was placed, was that as between the…
2Cases cited9 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- King v. WhitelyNew York Court of Chancery · 1843
- Curtis v. TylerNew York Court of Chancery · 1842
- Duke of Cumberland v. CodringtonNew York Court of Chancery · 1817
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3Cited by113 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- Lowe v. TurpieIndiana Supreme Court · 1896
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
108 more not listed; retrieve them via the Exa API.