New York Life Ins. Co. v. . Casey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1903, upon an order reversing as to the respondent herein a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July Y, 1903, upon an order reversing as to the respondent herein a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was commenced to foreclose a mortgage, executed by the defendant, John Casey, to the plaintiff to secure the payment of his bond for the sum of $24,000, and cover-» ing certain real property situated in the city of New Tork. The bond was to become due on April 5th, 1902, and Lore interest at the rate of five per…
1Opinion of the CourtGray, J.
This appeal presents the question whether the defendant, Casey, standing as surety for the payment of the mortgage debt, was discharged' from his liability upon liic bond by the transactions, which took place between the plaintiff and Uordenschild. If such was their effect, of course, a judgment for any deficiency arising upon a sale of the mortgaged premises could not be entered against him, as was the case here. The finding of fa,ct by the trial court was that there was no agreement on the part of the plaintiff to change the rate of interest upon, or to extend the time of payment of, the…
2Cited by19 opinions
- Becker v. FaberNew York Court of Appeals · 1939
- Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989
- Prussing v. LancasterIllinois Supreme Court · 1908
- Germania Life Insurance v. CaseyAppellate Division of the Supreme Court of the State of New York · 1904
- Sands v. GilleranAppellate Division of the Supreme Court of the State of New York · 1913
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