New York Life Insurance v. Aitkin
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by the New York Life Insurance Company against James Aitkin, executor of Helen E. Aitkin, deceased. The complaint was dismissed at the trial, and plaintiff appeals.
1Opinion of the CourtFreedman, J.
This action is brought on an assumption clause in a deed. On December 3,1868, Phcebe T. Drew and John G. Drew, her husband, made a certain indenture of mortgage to the plaintiff, whereby they mortgaged certain premises therein described to the plaintiff to secure the payment to plaintiff of the sum of $4,000, and interest. On December 15, 1869, the said Phcebe T. Drew and John G. Drew conveyed the said mortgaged premises to John Gregg by a deed, wherein he (Gregg) covenanted and agreed to pay the mortgage aforesaid. On December 28,1870, the said John Gregg and Phoebe Gregg, his wife, conveyed…
2Cases cited1 opinion
- Fairchild v. LynchThe Superior Court of New York City · 1877