Frank v. Davis
New York Supreme Court
Appeal from special term, New York county. Beversed. Action by Julius J. Frank against Edward A. Davis to foreclose a mortgage. A judgment for plaintiff directing a sale of the land was affirmed on defendant’s appeals to the general term and the court of appeals. The special term then made an order directing judgment against defendant for the amount of his bond less the surplus remaining from the foreclosure of a prior mortgage by plaintiff.
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Appeal from special term, New York county. Beversed. Action by Julius J. Frank against Edward A. Davis to foreclose a mortgage. A judgment for plaintiff directing a sale of the land was affirmed on defendant’s appeals to the general term and the court of appeals. The special term then made an order directing judgment against defendant for the amount of his bond less the surplus remaining from the foreclosure of a prior mortgage by plaintiff. From this order defendant appeals. For former reports, see 4 NT. Y. Supp. 955, 6 ÍT. Y. Supp. 144.
1Opinion of the CourtIngraham, J.
This action was brought to foreclose a mortgage upon real property, and the judgment demanded in the complaint was for the usual relief granted in such action, viz., that the property be sold, and the proceeds applied to the payment of the amount due to plaintiff, and that the defendant pay any deficiency. The case was tried, and the plaintiff recovered a judgment as prayed for, which was affirmed by this court, (6 N. Y. Supp. 144,) and subsequently by the court of appeals, (28 N. E. Rep. 255, mem.) It appears that there was also a mortgage upon the same premises, which was a prior lien to…
2Cases cited1 opinion
- Frank v. DavisNew York Supreme Court · 1889