Celmer v. Feinborough Homes, Inc.

253 A.D. 832, 1 N.Y.S.2d 598, 1938 N.Y. App. Div. LEXIS 8829

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 21, 1938
• Status: Published

Opinion

In an action on a bond, judgment in favor of the plaintiffs unanimously affirmed, with costs. On September 9, 1932, when the general release was given, there had been no default under the bond or mortgage. Consequently, the plaintiffs had at that time no right of action against the defendant on the bond. The right of action which arose subsequently was not discharged by the release. (Farnham v. Farnham, 204 App. Div. 573.) Present — Hagarty, Carswell, Davis, Adel and Close, JJ.