The action was brought to foreclose a lien, for a part of the pur
The history of the matter is as follows : Upon a certain exchange of property the plaintiff conveyed to Thankful E. Moore certain premises in the village of Jamestown, and received from her in return certain other premises; and for the balance of the purchase price unpaid to the plaintiff on the said exchange, M. M. Moore executed his obligation in the words and figures following.
“ Jamestown, N. Y., September 9, 1867.
“ For value reed. I promise to pay to Dr. G. W. Hazeltine or bearer, three hundred and fifty dollars in goods, at the store of Moore, Orms & Co., at ten per cent, advance from the New York cost thereof.
“M. M. MOORE.”
The said Moses M. Moore was, at the time, a member of the firm of Moore, Orms & Co., who were then carrying on the business of druggists -at Jamestown. The said Moses M. Moore was also the husband of Thankful E. Moore, and had made the bargain for the exchange of the lands, such exchange having been made at his request and by his procurement. All except the balance of $151.29 has been paid on the due bill.
"We think the amount remaining unpaid on the said due bill was not alien on the premises conveyed by the plaintiff. A lien for the purchase-money is waived where a note is taken by the vendor in which a third person joins as security. A fortiori where the obligation taken is the obligation of a third person and not of the vendee.
But suppose the obligation is to be treated as thp obligation of
The judgment is affirmed, with costs of the appeal.
Judgment affirmed, with costs of the appeal.