Adams v. McPartlin
New York Supreme Court
Motion for judgment upon one defense as frivolous and to strike out another as sham. Further facts sufficiently appear from the opinion.
1Opinion of the CourtBockes, J.
This is amotion for judgment as to the first alleged defense set up in the answer, on the ground that it is frivolous ; and to strike out the second alleged defense on the ground that it is false, hence, sham; and for general relief.
The action was brought to foreclose a mortgage, made July 18, 1861. The complaint contained all the usual and formal averments made in an action for foreclosure. The defendants, Fitzgerald, were made parties defendant, under the general averment, that they, John Fitzgerald and Edmund Fitzgerald, had or claimed to have some interest in or lien upon the mortgaged…
2Cases cited10 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Eagle Fire Co. v. LentNew York Court of Chancery · 1837
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Corning v. . SmithNew York Court of Appeals · 1851
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3Cited by1 opinion
- Guilford v. JacobieNew York Supreme Court · 1893