4 Edw. Ch. 84
Decided July 6, 1843
New York Court of Chancery · decided 1843-07-06
Bill to foreclose a mortgage. The defendant, William R Gracie, was the mortgagee, but he had assigned the mortgage, with a guarantee. He demurred to the bill. His counsel, Mr. Rockwell, took the ground that the bill did not allege that the amount due on the mortgage had ever been demanded of the mortgagor before suit brought, nor was any excuse shown upon the face of the pleading for not having demanded it; and he referred to The Mechanics’ Fire Ins.
Decided 1843-07-06
¶1The Vice-Chancellor, decided that a surety, in such a case as the above, could not claim notice or a demand; and might be introduced as a defendant to fix him for any deficiency, without it.
¶2Although the late case of Gillett v. Balcom, 6 Barb. S. C. Rep. 370 has reference to a mortgage made on demand, yet it may be well to refer the reader to it.