New York Court of Appeals
Willis S. Paine as Receiver v. J. Wyman Jones, Impleaded
February 18, 187976 N.Y. 274
Summary
The Court affirmed the lower court’s judgment that the bond and mortgage constitute a single contract, making Jones a surety for the debt assumed by Guthrie. Because the clause allowing release of portions of the mortgaged premises was unilaterally abrogated without Jones’s consent, the alteration was material and discharged Jones from liability for any deficiency.