Mack v. . Austin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 29 Hun, 534.) The nature of the action and the material facts alleged in the complaint are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 29 Hun, 534.) The nature of the action and the material facts alleged in the complaint are set forth in the opinion. The terms of the mortgage are sufficiently strong to render the mortgagor liable for the deficiency. (1 R. S. 689.) Any words showing the intent of the parties to a contract to do or not to do a certain…
1Opinion of the CourtFinch, J.
The demurrer interposed raises the question whether the complaint states a good cause of action. The suit is brought to recover a deficieucy resulting from the foreclosure of a mortgage made and executed by Mrs. Austin, the defendant’s testatrix, and is founded upon the mortgage alone. hTo bond accompanied it, and no personal liability for a deficiency arose, unless by virtue of some express covenant to pay; for so is the statute which enacts that no “ mortgage shall be construed as implying a covenant for the payment of the sum intended to be secured, and where there shall be no express…
2Cases cited1 opinion
- Hone v. FisherNew York Court of Chancery · 1848
3Cited by3 opinions
- Quackenbush v. QuackenbushNew York Supreme Court · 1927
- First National Bank v. WilsonNew York Supreme Court · 1927
- Patrick v. UnderwoodNew York Supreme Court · 1896