Ferris v. . Hard
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 16, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The mortgage is only security for the debt evidenced by the bond, and the assignee took it subject to all defenses and equities.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made July 16, 1891, which affirmed a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The mortgage is only security for the debt evidenced by the bond, and the assignee took it subject to all defenses and equities. (Trustees, etc., v. Wheeler, 61 N. Y. 88.) When a wife mortgages her real estate to secure payment of her husband’s debt she is a surety, and has all the rights,…
1Opinion of the CourtPeckham, J.
This is an action to foreclose a mortgage executed by defendants Hard upon land owned by the defendant Mrs. Hard.
The amended complaint sets forth the fact of the execution of the bond by defendant Samuel B. Hard to one Joseph Bork, on the 10th of September, 1874, for the payment of §10,000 in four equal payments of §2,500 on the 10th of September in each of the years 1876, 1877, 1878 and 1879, with interest semi-annually on all sums remaining from time to time unpaid. To secure such payments, the amended complaint alleged that defendants Hard executed a mortgage bearing even date with the…
2Cases cited3 opinions
- Bennett v. . BatesNew York Court of Appeals · 1884
- Murray v. SmithThe Superior Court of New York City · 1853
- Taylor v. . WingNew York Court of Appeals · 1881
3Cited by32 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- Pryor v. . City of BuffaloNew York Court of Appeals · 1909
- Metropolitan Savings Bank v. TuttleNew York Court of Appeals · 1943
- Stull v. Joseph Feld, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- Rachlin & Co. v. Tra-Mar, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
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