Goodrich v. White

Campbell, 0. J.

Goodrich, being sued on a note payable in several installments with annual interest, upon an alleged default in payment of an installment subsequent to the first, set up in defense that a mortgage foreclosure had been commenced and carried to decree on a mortgage given to secure the note. It appeared on the trial that this was the case, and that' all the property had been sold. The court below disregarded this defense and gave judgment against him.

The statute is very clear that no such action can be brought without leave of the court where the foreclosure was had. Comp. L., §…