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 July 23, 1894, which affirmed a judgment for deficiency in favor of the plaintiff and against the 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 July 23, 1894, which affirmed a judgment for deficiency in favor of the plaintiff and against the defendant Link entered upon the report of a referee. This action was brought to obtain the foreclosure of a mortgage made by Jennie E. Sully and Edward P. Sully, her husband, to the plaintiff, dated February 10, 1869, to secure the payment of $5,Y50 in fifteen years from April 1, 1869, and interest semi-annually, according to the condition of a hond of the same date made by the mortgagor. The…
1Opinion of the Court
Andrews, Ch. J.
The main controversy in this case was" determined by the Second Division of this court on the former appeal (134 hi. Y. 122), which was taken from a judgment' adjudging that the defendant Link was not liable for any deficiency which might arise on the sale under the judgment of foreclosure. It was held by this court that the principle of equity that the creditor is entitled to the benefit of a collateral obligation for the payment of the debt, received by one himself liable therefor, from a person who had undertaken to indemnify the former against his liability, applies to the…
2Cases cited3 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- King v. WhitelyNew York Court of Chancery · 1843
- Turk v. . RidgeNew York Court of Appeals · 1869
3Cited by5 opinions
- Howard v. RobbinsAppellate Division of the Supreme Court of the State of New York · 1901
- Bernheimer v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1899
- In re SimpsonAppellate Division of the Supreme Court of the State of New York · 1899
- McKay v. WardUtah Supreme Court · 1899
- Shillito Co. v. Henderson-Achert Lithographing Co.Ohio Superior Court, Cincinnati · 1898