Hamill v. . Gillespie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the fifth judicial district, entered upon an order denying motion for new trial and directing judgment in favor of defendant.
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Appeal from judgment of the General Term of the Supreme Court of the fifth judicial district, entered upon an order denying motion for new trial and directing judgment in favor of defendant. The action was brought to recover the sum of $66.13 secured by a chattel mortgage in the usual form, made by one John Markle upon his undivided one-half interest in nine acres of wheat and fourteen acres of oats, growing on the land of Oliver Glass, at the date of the mortgage, May 3d, 1866, which interest was levied on and sold on the 30th of June following, under a judgment and execution in favor of…
1Opinion of the Court
Leonard, C.
There was no express agreement proven, that the defendant would assume the payment of the chattel mortgage, held by the plaintiff, and no facts from which such an agreement can or ought to be implied, although we assume that the constable was authorized to announce that the property was sold, subject to the mortgage, and that the purchaser would have to comply with its conditions.
If a. deed of real estate he accepted, containing a declaration that the premises are conveyed, subject to a mortgage which the purchaser assumes to pay as a part of the purchase price, it has been held…
2Cases cited2 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hathaway v. . BraymanNew York Court of Appeals · 1870
3Cited by14 opinions
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Tremaine v. . MortimerNew York Court of Appeals · 1891
- National Bank of Commerce v. MorrisSupreme Court of Missouri · 1893
- Patton v. AdkinsSupreme Court of Arkansas · 1883
- Daly v. ProetzSupreme Court of Minnesota · 1874
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