Stevens v. Veriane
New York Supreme Court
This action was brought to foreclose a mortgage given by? the defendant, Matilda Yeriane, to one Jewel, to secure to him a debt due from her husband. Before the action was-brought the husband had made payments on the mortgage, and at the commencement of the action there remained due but ten dollars. Jewel assigned the mortgage to the plaintiff' who was the holder and owner thereof.
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This action was brought to foreclose a mortgage given by? the defendant, Matilda Yeriane, to one Jewel, to secure to him a debt due from her husband. Before the action was-brought the husband had made payments on the mortgage, and at the commencement of the action there remained due but ten dollars. Jewel assigned the mortgage to the plaintiff' who was the holder and owner thereof. The defendants appeared and put in answer, and-afterward-served an offer-on tire plaintiff’s attorneys to allow judgment of foreclosure for twenty dollars. The issues- were referred, and the referee after hearing…
1Opinion of the Court
By the Court
Mullin, P. J.
An action for the foreclosure and sale of mortgaged premises was under the former practice in this State an equitable action. Its nature is not. changed by the Code of Procedure. It is, therefore, one of the class of actions ih which costs are in the discretion of the court by section 306. of the Code. The disagreement between the parties is not as to the-character of the action or the power of the court to award costs in its discretion, but it is as to the construction which should be given to section 385 of the Code. That section provides that “the defendant may at…
2Cases cited1 opinion
- Homer v. BrownSupreme Court of the United States · 1854
3Cited by12 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Norton v. FancherNew York Supreme Court · 1895
- Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Couch v. MillardNew York Supreme Court · 1886
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