In re Byrne
Appellate Division of the Supreme Court of the State of New York
Appeal by William F. Smith and another from an order, of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of December, 1902, as resettled by an order entered in said ■clerk’s office on the 5th day of January, 1903, granting the petitioner leave to sue on the bond accompanying a mortgage on real ■estate.
1Opinion of the Court
Laughlin, J.:.The appellants executed a mortgage upon their premises to secure the payment of their bond bearing even date therewith. They subsequently sold the premises, their grantees assuming and agreeing to pay the mortgage. On the 25th day of November, 1901, the petitioner, then being the owner of the bond and mortgage, began a foreclosure action making the appellants and their grantees parties and praying for a deficiency judgment against them. The appellants were served with the summons and complaint and • they defaulted in pleading. The foreclosure action is still pending and the…
2Cases cited6 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- Gottschalk v. JungmannAppellate Division of the Supreme Court of the State of New York · 1903
- Marshall v. AddisonAppellate Division of the Supreme Court of the State of New York · 1900
- Engle v. UnderhillNew York Court of Chancery · 1838
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- White v. WielandtAppellate Division of the Supreme Court of the State of New York · 1940
- In re WhalenNew York Supreme Court · 1930