Wysong v. Meyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jessie Meyer, from so much of a judgment' of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 19th day of February, 1900, upon the decision of the court rendered after a trial at the New York Special Term in an action to foreclose a mortgage, as makes her liable for a deficiency. The action is for the foreclosure of a mortgage.
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Appeal by the defendant, Jessie Meyer, from so much of a judgment' of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 19th day of February, 1900, upon the decision of the court rendered after a trial at the New York Special Term in an action to foreclose a mortgage, as makes her liable for a deficiency. The action is for the foreclosure of a mortgage. On May 31, 1889, the defendant Jessie Meyer, the appellant herein, being then the owner of certain premises in the city of New York, executed a deed thereof to John Heyman; on the…
1Opinion of the Court
Hatch, J.:
As we view this case, the vital question for our determination is the legal effect of the bond executed by the. appellant Jessie Meyer to procure the discontinuance of the foreclosure. action. Is her liability that of principal debtor, or merely that of surety ? The solution must be-found in the construction of the instrument. In construing the bond it was proper for the court to receive evidence of the surrounding circumstances, the pre-existing relations between the parties, and the facts and knowledge which each had of them. (Griffiths v. Hardenbergh, 41 N. Y. 464.) The doctrine…
2Cases cited8 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Murray v. . MarshallNew York Court of Appeals · 1884
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Gamble v. CuneoAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Jefferson Bank v. StarrAppellate Terms of the Supreme Court of New York · 1907