Kmetz v. . De Ronde
Cases that cite this one
5 later published cases cite this decision.
- Central Hanover Bank v. Roslyn Estates, Inc. (Appellate Division of the Supreme Court of New York 1943)
- In re the Estate of Griffith (New York Surrogate's Court 2000)
- Northeast Savings, F.A. v. Bailey (Appellate Division of the Supreme Court of New York 1988)
- Onondaga County Savings Bank v. Markson Bros. (New York County Courts 1941)
- Ziepke v. Cusimano (Appellate Division of the Supreme Court of New York 1928)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The sureties were rightly charged with the payment of the mortgages which their principal had covenanted to assume.
As between grantor and grantee, the land is generally, if not always, the primary fund for the satisfaction of a mortgage which one of them has agreed to pay (Slauson v. Watkins, 86 N. Y. 597; Matter of Wilbur v. Warren, 104 N. Y. 192).- As between mortgagee and grantee, there is no such restriction. The mortgagee ,may sue upon the purchaser’s covenant of assumption without resort to the security (Burr v. Beers, 24 N. Y. 178; Thorp v. Keokuk Coal Co., 48 N. Y. 253). Here the vendor of the land was also the holder of the mortgages. As between him and the defendants, the covenant to assume was a covenant to pay (Burr v. Beers, supra; Thorp v. Keokuk Coal Co., supra).
The motion should be denied, with ten dollars costs and necessary printing disbursements.
All concur.
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.