Wager v. . Link
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 12,1890, which affirmed a judgment in favor of defendant Link entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 12,1890, which affirmed a judgment in favor of defendant Link entered upon the report of a referee. This action was brought against James E. Sully, Edward P. Sully, the defendant Link and others to foreclose a mortgage of date February 10, 1869, made by the defendants Sully to the plaintiff upon certain land to secure the payment of $5,J50 in fifteen years from April 1, 1869, and interest semi-annually, according to the condition of a bond of the same date made…
1Opinion of the CourtBradley, J.
The question here is whether -or not the relation of the defendant Link to the obligation .to pay the mortgage debt or any deficiency which would remain after application to it of the proceeds of sale, was such as to support the charge of liability made and relief sought against him in this action. The conveyance of the premises by the Sullys to Kellogg was accompanied by no undertaking On his part to pay the mortgage made by them to the plaintiff. Afterwards and while he held the title, his liability was created by his bond given to the plaintiff, and by its terms the land was made the…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Halsey v. ReedNew York Court of Chancery · 1842
- Curtis v. TylerNew York Court of Chancery · 1842
- Trotter v. . HughesNew York Court of Appeals · 1854
- Pardee v. . TreatNew York Court of Appeals · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Baber v. HanieSupreme Court of North Carolina · 1913
- Feiber Realty Corp. v. AbelNew York Court of Appeals · 1934
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- Clark v. . HowardNew York Court of Appeals · 1896
- National City Bank v. GelfertNew York Court of Appeals · 1940
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