Ritch v. . Smith
New York Court of Appeals
This action was brought to foreclose a mortgage given to secure a bond executed by defendants, Smith and Sehlesinger, against whom judgment was asked for any deficiency.
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This action was brought to foreclose a mortgage given to secure a bond executed by defendants, Smith and Sehlesinger, against whom judgment was asked for any deficiency. Smith defended upon the ground that the mortgaged premises were conveyed to one Steinert, who assumed and agreed to pay the mortgage, and that defendant, in consequence, became in equity simply a surety; he claimed to be discharged from liability because of an agreement for an extension of time for payment of a portion of the debt, made without his consent. The alleged agreement was made by Steinert with Thomas G. Bitch, the…
1Opinion of the Court
Folger, Ch. J.,
reads for reversal of order of General Term and for affirmance of judgment of Special Term.
All concur.
Order reversed and judgment affirmed.
2Cited by10 opinions
- Cummings v. HurdMissouri Court of Appeals · 1892
- Sandmeyer v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- In re GoodchildNew York Surrogate's Court · 1936
- Beck v. DonohueAppellate Terms of the Supreme Court of New York · 1899
- Walrath v. AbbottNew York Supreme Court · 1894
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