McKernan v. . Robinson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 14, 1880, affirming an order of Special Term denying a motion to vacate an order, the substance of which is hereinafter stated. This was an action to foreclose a mortgage assigned to the plaintiff by one Fraser. The assignment contained a guaranty of the punctual payment of the mortgage, principal and interest.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 14, 1880, affirming an order of Special Term denying a motion to vacate an order, the substance of which is hereinafter stated. This was an action to foreclose a mortgage assigned to the plaintiff by one Fraser. The assignment contained a guaranty of the punctual payment of the mortgage, principal and interest. Fraser, by the permission of the plaintiff, managed the foreclosure action. He told the attorneys that the plaintiff was willing to wait for her money until he, Fraser, could…
1Opinion of the CourtAndrews, J.
The action in the Marine Com’t, upon the defendant’s guaranty of payment of the .mortgage, was brought after judgment of foreclosure and sale had been rendered in an action to foreclose the mortgage, and without the plaintiff having previously obtained the authority of the court. The case was within the provision of the Revised Statutes, that'after bill filed to foreclose a mortgage, no proceeding whatever shall be had at law for the recovery of the debt secured by the mortgage, unless authorized by the court. The action, in the absence of such authority, could not be maintained. (2 R, S.…
2Cases cited1 opinion
- Scofield v. . DoscherNew York Court of Appeals · 1878
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- Citibank, N. A. v. Covenant InsuranceNew York Supreme Court · 1991
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