Morris v. . Tuthill
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, striking out a part of the answer of defendant. Tuthill. The action was brought to foreclose two mortgages executed by the defendant to one Woodhull, assigned by his administrators to plaintiff. The first answer was demurred to; demurrer sustained with leave to defendant to amend. He served an amended answer, a portion of which was tricken out.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term, striking out a part of the answer of defendant. Tuthill. The action was brought to foreclose two mortgages executed by the defendant to one Woodhull, assigned by his administrators to plaintiff. The first answer was demurred to; demurrer sustained with leave to defendant to amend. He served an amended answer, a portion of which was tricken out. This portion alleged, in substance, that before the assignment of the mortgages plaintiff entered into a fraudulent and…
1Per curiam
The facts stated in the second answer of the appellant as amended, unexplained and uncontradicted, might justify the inference that the plaintiff and the former holders and owners of the mortgages in suit have acted in concert, with a view unnecessarily to harass and oppress the appellant, and with intent to prevent the payment of the amounts due upon the securities, to the end that the equity of redemption might be foreclosed, and they become the purchasers of the fee of the property for less than its value. But they do not tend to show that the mortgages have been satisfied or that the full…
2Cited by39 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Bachrach v. Washington United Cooperative, Inc.Court of Appeals of Maryland · 1943
- Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
- Fleischer v. TerkerNew York Court of Appeals · 1932
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