United States Life Insurance v. Poillon
New York Supreme Court
Appeal from special term, New York county. Action by the New York Life Insurance Company against the heirs of Cornelius Poillon, to recover a deficiency on a judgment of foreclosure of a bond and mortgage.
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Appeal from special term, New York county. Action by the New York Life Insurance Company against the heirs of Cornelius Poillon, to recover a deficiency on a judgment of foreclosure of a bond and mortgage. The application for an order nunc pro tune, granting leave to sue as of date prior to the commencement of the action, was denied at the special term, in the following oninion of the court filed September 4, 1889: “Barrett, J. The court, when called upon to exercise its authority under section 1628 of the Code of Civil Procedure, should, as was said in Insurance Co. v. Stevens, 63 H. Y. 346,…
1Opinion of the CourtVan Brunt, P. J.
This action was brought to enforce against the heirs of Cornelius Poillon a foreclosure deficiency judgment recovered on the 6th February, 1876, against Poillon’s administratrix. The action was commenced without leave of the court. A demurrer upon the part of one of the defendants that the complaint did not set forth a cause of action having been sustained upon the ground that leave to sue had not been obtained as required by section 1628 of the Code, the plaintiff obtained an ex parte order permitting it to sue, and providing for the entry of the order as of a time prior to the commencement…
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