Real Estate Trust Co. v. Balch
The Superior Court of New York City
• The action is brought upon three bonds and mortgages made by Caroline A. Scranton to Eliza A. D. Tweed on premises on West Seventy-fourth street, in the city of New York, and dated January 15, 1874. On July 9, 1874, Eliza A. D. Tweed assigned these three bonds and mortgages to S. Foster Dewey, who on July 24, 1874, assigned them to the plaintiff.
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• The action is brought upon three bonds and mortgages made by Caroline A. Scranton to Eliza A. D. Tweed on premises on West Seventy-fourth street, in the city of New York, and dated January 15, 1874. On July 9, 1874, Eliza A. D. Tweed assigned these three bonds and mortgages to S. Foster Dewey, who on July 24, 1874, assigned them to the plaintiff. By deed dated July 23, 1874, and recorded August 13, 1874, Mrs: Caroline A. Scranton, together with her husband, conveyed the mortgaged premises to Harriet N. Trask, subject to the said mortgages. In said deed the grantee did not assume to pay the…
1Opinion of the CourtFreedman, J.
The principal questions raised by the answer of the defendant Balch are:(1) That Mrs. Harriet 1ST. Trask, the grantor of Balch, was not liable to pay the mortgages, nor the debt secured by them, and that consequently there was no valid assumption by Balch under the deed to him; and,(2) That the assumption clause contained in the deed to Balch was placed there by mistake, contrary to the intentions of the parties to said deed, and hence was without consideration.
It may be stated, as a general rule, that if a grantee accepts a deed containing a clause stating that he thereby assumes the payment…
2Cases cited13 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Burr v. . BeersNew York Court of Appeals · 1861
- Garnsey v. . RogersNew York Court of Appeals · 1872
- King v. WhitelyNew York Court of Chancery · 1843
- Belmont v. . ComanNew York Court of Appeals · 1860
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3Cited by1 opinion
- Delamater v. FolzNew York Supreme Court · 1889