Knobloch v. Zschwetzke
The Superior Court of New York City
Appeal by defendants from judgment entered on verdict for plaintiff as directed by the court; and from order denying motion for new trial made upon the judge’s minutes. The facts sufficiently appear in the opinion. argued :—I. The question as to the liability of these defendants for a deficiency on a sale of the mortgaged premises was in issue in the suit brought by Wiener in the supreme court, was tried by that court and decided in favor of the defendants.
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Appeal by defendants from judgment entered on verdict for plaintiff as directed by the court; and from order denying motion for new trial made upon the judge’s minutes. The facts sufficiently appear in the opinion. argued :—I. The question as to the liability of these defendants for a deficiency on a sale of the mortgaged premises was in issue in the suit brought by Wiener in the supreme court, was tried by that court and decided in favor of the defendants. This plaintiff, Knobloch, having been a party to that action is bound by the proceedings therein, and the judgment rendered exonerating…
1Opinion of the Court
By the Court.
Sedgwick, Ch. J.
The plaintiff mortgaged certain real estate owned by him, in the sum of $8,000, as security for the payment of his bond in that sum. One Wiener was mortgagee. Afterwards the plaintiff conveyed the real estate to the defendants in this action. The defendants, by the conveyance, assumed and *395agreed to pay the mortgage. Subsequently the premises were conveyed to other parties, who also assumed and agreed to pay the mortgage. A breach of the conditions of the bond having occurred, Weiner began an action for the foreclosure of the mortgage, making parties defendant the…
2Cases cited5 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Brown v. WilliamsNew York Supreme Court · 1830
- Grow v. . GarlockNew York Court of Appeals · 1884
- Hubbell v. CarpenterNew York Supreme Court · 1849
- Cruger v. DouglasNew York Court of Chancery · 1845