Ernst v. Schaack

Action to foreclose a mortgage, to which the Statute of Limitations was interposed as a *1013separate defense. Judgment for defendants, insofar as appealed from, reversed on the law, without costs, and the matter remitted to Special Term to enter a judgment in favor of plaintiff for the quarter-annual installments of interest, at the rate of 6% per annum, upon an indebtedness of $1,600, which were due and payable between June 1, 1939, and August 12, 1942, and for foreclosure of the lien of the mortgage fpr that total amount, without costs. Findings of fact implicit in the determination are…