De Forest v. Andrews
New York Supreme Court
This action is brought to recover a balance claimed to be due upon a bond executed by the defendant to the plaintiff’s assignors in the sum -of $20,000, to secure the payment of which a mortgage covering certain premises in the city of New York, of even tenor and date with the said bond, was given as,collateral security..
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This action is brought to recover a balance claimed to be due upon a bond executed by the defendant to the plaintiff’s assignors in the sum -of $20,000, to secure the payment of which a mortgage covering certain premises in the city of New York, of even tenor and date with the said bond, was given as,collateral security.. The complaint also alleges the sale of said premises under the fore-/ /closure of a prior mortgage- thereon, the payment to the plaintiff of the surplus moneys arising under such ¡sale;, that no',other payments have been made on account of the principal or interest of said…
1Opinion of the CourtBeekman, J.
1. There is no claim, nor does the answer show, that the bond upon which suit has been brought was not enforceable against the defendant in the hands of the plaintiff’s assignors. That being the case, and the plaintiff having succeeded to all of their rights under the assignment, I fail to perceive how the matters which are set forth in the second defense can be a bar to the action. The demurrer to this defense is sustained.
2. The third defense is also insufficient. Although the defendant avers, in terms, that the plaintiff took the assignment of the bond in suit with the intent and purpose…
2Cases cited3 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Baldwin v. LatsonNew York Court of Chancery · 1847
- Davis v. AikinNew York Supreme Court · 1895
3Cited by3 opinions
- Cupi v. Craftman's ClubAppellate Terms of the Supreme Court of New York · 1900
- Deders v. WoodAppellate Terms of the Supreme Court of New York · 1916
- Hudson v. SheafeSouth Dakota Supreme Court · 1919