New York Court of Appeals

The National Bank of Newburgh, Respondent v. James Bigler, Appellants

November 30, 188083 N.Y. 51

Summary

The Court affirmed the foreclosure judgment, holding that the mortgage extended to liabilities of each partner individually, the surviving partner could not bind the deceased partner's estate, the renewal arrangement did not constitute payment, the mortgage was both security and indemnity, and a debtor’s undirected payment becomes the creditor’s property.