Washington Life Ins. v. Marshall
Supreme Court of Minnesota
Appeal by defendants, William R. Marshall and Edward R. Gil-man, from an order of the District Court of Ramsey County, James J. Egan, J., made August 14, 1893, overruling their demurrer to the complaint.
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Appeal by defendants, William R. Marshall and Edward R. Gil-man, from an order of the District Court of Ramsey County, James J. Egan, J., made August 14, 1893, overruling their demurrer to the complaint. On November 26, 1888, Henry W. Frost and wife mortgaged to the plaintiff, the Washington Life Insurance Company, a lot on Fifth Avenue in the city of New York to secure the payment of his bond to it for $15,000 and interest due December 1,1889. Frost and wife conveyed the lot November 27, 1888, to defendant Gillman subject to the mortgage and recited in the deed that he had assumed and agreed…
1Opinion of the CourtCanty, J.
This is an appeal from an order overruling a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.
The complaint alleges that one Frost conveyed to this plaintiff, by mortgage, certain real estate in New York city, to secure his bond to plaintiff in the sum of $15,000; that thereafter Frost, by his deed in writing, conveyed said mortgaged premises to the defendant Gilman, who, as a part of the consideration therefor, in and by said deed assumed and agreed to pay said mortgage; that thereafter Gilman, by his deed, conveyed the premises…
2Cited by3 opinions
- Mitchell v. ChisholmSupreme Court of Minnesota · 1894
- Kohagen-Mendenhall Co. v. JoyceSupreme Court of Minnesota · 1945
- Hulett v. HamiltonSupreme Court of Minnesota · 1895