Paine v. . Jones
New York Court of Appeals
This was an action to foreclose a mortgage. The mortgage with the bond accompanying were assigned to the bank, of which plaintiff was receiver, by defendant Wright. In the assignment was contained a covenant on the part of the assignor guaranteeing the payment of the bond and mortgage. Judgment was asked and rendered against Wright for any deficiency.
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This was an action to foreclose a mortgage. The mortgage with the bond accompanying were assigned to the bank, of which plaintiff was receiver, by defendant Wright. In the assignment was contained a covenant on the part of the assignor guaranteeing the payment of the bond and mortgage. Judgment was asked and rendered against Wright for any deficiency. He defended upon the ground that said covenant was put into the assignment by mistake, without any previous agreement to that effect between the parties, and that there was no intent to make it. He asked to have the assignment reformed by…
1Opinion of the Court
Folger, J.,
reads for affirmance.
All concur, except Miller and Earl, JJ., absent. Judgment affirmed.
2Cited by13 opinions
- Curtis v. . AlbeeNew York Court of Appeals · 1901
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Dodson v. LomaxSupreme Court of Missouri · 1893
- James v. CutlerWisconsin Supreme Court · 1882
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