Union Trust Co. v. Rogers

Judgment and order affirmed, with costs. Memorandum: The appellant-mortgagor conveyed the mortgaged premises subject to the mortgage but did not require his grantee to assume payment of the mortgage debt, thus creating an equity in favor of the appellant-mortgagor similar to that of a surety, which equity the respondent-mortgagee was under a duty to respect. (Pain v. Packard, 13 Johns. 174; Remsen v. Beekman, 25 N. Y. 552; Murray v. Marshall, 94 id. 611; Gottschalk v. Jungmann, No.|l, 78 App. Div. 171; Colgrove v. Tallman, 67 N. Y. 95.) The defense, upon which the appellant relies, alleges in…