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.