Marshall v. Addison
Appellate Division of the Supreme Court of the State of New York
Appeal by Mathilda Addison and another from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of May, 1900, denying their motion to vacate an ex parte order entered in the office of the clerk of the county of Hew York on the 8th day of March, 1900, which granted the application of Mary Knapp Marshall for leave to bring suit for a deficiency arising upon the foreclosure of a…
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Appeal by Mathilda Addison and another from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 15th day of May, 1900, denying their motion to vacate an ex parte order entered in the office of the clerk of the county of Hew York on the 8th day of March, 1900, which granted the application of Mary Knapp Marshall for leave to bring suit for a deficiency arising upon the foreclosure of a mortgage.
1Opinion of the Court
Patterson, J.:
This appeal is from an order denying a motion to vacate an ex 'parte order by which leave was granted to Mary Knapp Marshall to bring an action at law against Mathilda Addison and John Addison to recover the amount of a deficiency upon the sale of mortgaged premises in a foreclosure action. Mary Knapp Marshall was the mortgagee of the premises, the mortgage having been made by Mathilda Addison and her husband and as collateral to a bond executed by them. The mortgage was for the sum of $10,000. The Addisons, who were the owners of the equity of redemption, conveyed the premises…
2Cases cited1 opinion
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
3Cited by4 opinions
- Morrison v. SlaterAppellate Division of the Supreme Court of the State of New York · 1908
- Cooper Co. v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1912
- In re ByrneAppellate Division of the Supreme Court of the State of New York · 1903
- McLaughlin v. DurrAppellate Division of the Supreme Court of the State of New York · 1902