Adams v. Symon
New York Supreme Court
Trial before a referee. Action by John Hunt Adams against Robert R. Symon, to recover damages for the failure of Symon to pay a mortgage on land conveyed to him by Adams, and which Symon had assumed to pay as part of the consideration for the conveyance.
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Trial before a referee. Action by John Hunt Adams against Robert R. Symon, to recover damages for the failure of Symon to pay a mortgage on land conveyed to him by Adams, and which Symon had assumed to pay as part of the consideration for the conveyance. On the foreclosure of the mortgage a personal judgment had been rendered against Adams for the deficiency, and the sale of the premises resulted in a deficiency of $61,605.23. An action had been brought against Adams for this amount, and his property seized under an attachment.
1Opinion of the Court
Odell, R.
The defendant insists, in the first place, that no money judgment for damages can be rendered against him, because the plaintiff has heretofore elected to prosecute the action for equitable relief only. The facts are these: After issuehwas joined, the plaintiff placed the cause upon the calendar of the special term for trial. Thereupon the defendant moved to strike it from the calendar upon the ground that it is properly triable by “jury at a circuit term of this court.” This motion the plaintiff resisted, and it was denied, and afterwards, on the defendant’s written consent, an…
2Cases cited22 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Burr v. . BeersNew York Court of Appeals · 1861
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
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3Cited by3 opinions
- White v. SchaderCalifornia Supreme Court · 1921
- Morlan v. LochSupreme Court of Kansas · 1915
- Goewey v. SanbornMassachusetts Supreme Judicial Court · 1931