Williams v. Van Geison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cornelius Van Geison, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans on the 13th day of June, 1902, upon the decision of the court, rendered after a trial at the Orleans Special Term, adjudging the said defendant liable for a deficiency arising upon a foreclosure sale of mortgaged premises.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial ordered, with costs to appellant to abide event.
The question involved on this appeal is whether the plaintiff was entitled to recover a personal judgment against the defendant for the deficiency arising from the foreclosure and sale of the mortgaged premises.
December 1, 1884, Esther O. Hart, being the owner of the premises, she and her husband gave the bond and mortgage in suit to the plaintiff for $3,000, upon interést. The mortgage was duly recorded. November 30, 1886, Mrs. Hart made a deed of the premises to her brother West, and…
2Cited by2 opinions
- Pratt v. FayNew York Supreme Court · 1916
- Matter of Diamond Reo Trucks, Inc.United States Bankruptcy Court, W.D. Michigan · 1979