Severance v. Griffith
New York Supreme Court
Appeal from an order of Special Term sustaining a demurrer by some of the defendants to the complaint in an action to foreclose a mortgage.
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Appeal from an order of Special Term sustaining a demurrer by some of the defendants to the complaint in an action to foreclose a mortgage. It was alleged in the complaint that the: defendants, Griffith and Thomas Young, were indebted to Seward B. Clark in the sum of $2,000, being for, a part of the purchase price of lands, &c;; that for the purpose of securing the payment to Clark of the $2,000 and interest, on or about March 19, 1863, they executed to Clark their mortgage, which contained the conditions, covenant and words and figures as follows, viz.: “ This grant is intended as a security…
1Opinion of the Court
By the Court
Marvin, P. J.
The authorities cited by the counsel'for the defendants, fully sustain the position that the assignment of a mortgage, leaving the debt evidenced by a written obligation to pay, to secure the payment of which the mortgage was given, unassigned, is a nullity. In other words, the debt being the principal and the mortgage the incident, they cannot be separated, and the incident preserved "in the absence of the principal.
But have these cases any application to the present easel In this case there was no bond or other written obligation to pay the debt of $2,000, to secure…
2Cited by6 opinions
- Coleman v. RensselaerNew York Supreme Court · 1873
- In re Saunders' EstateNew York Surrogate's Court · 1893
- Caryl v. WilliamsNew York Supreme Court · 1873
- Gaylord v. KnappNew York Supreme Court · 1878
- Mack v. AustinNew York Supreme Court · 1883
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