106 Misc. 170 | N.Y. Sup. Ct. | 1919
The action is to foreclose a mortgage upon real property in New York county and questions are raised as to the liability to a deficiency judgment, if any results, of the defendant Wagner and of the defendants Blohm and Papenhausen. The material facts, briefly stated, are as follows: On January 30, 1890, Eva Muller and George Müller, her husband, executed and delivered to John T. Willets, as guardian of Phebe P. Willis, their bond in the penal sum of $34,000 to secure the payment of $17,000, together with a mortgage accompanying the same on the real estate in question. Neither of the said obligors is a party to this action. There remains due and unpaid upon such bond and mortgage $16,000, with interest from October 1, 1916. The bond and mortgage, on or about August 1, 1890, were assigned by the said John T. Willets, as guardian of Phebe P. Willis, to Phebe P. Willis by an instrument in writing executed and delivered on that day and recorded in the office of the register of New York county on August 2, 1890. The defendant Wagner subsequently became, the owner of the mortgaged premises by various mesne conveyances, and while the owner thereof, and in order “ to stop ” the further prosecution of an action which had been commenced to foreclose the mortgage, executed ■ and delivered his collateral bond to the said Phebe P.
Ordered accordingly.