Bache v. . Doscher
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendant, entered upon an order overruling exceptions to an order of Special Term dismissing plaintiff’s complaint and directing judgment upon said order. This action was brought to recover an alleged deficiency arising upon a foreclosure sale.
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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendant, entered upon an order overruling exceptions to an order of Special Term dismissing plaintiff’s complaint and directing judgment upon said order. This action was brought to recover an alleged deficiency arising upon a foreclosure sale. The complaint alleged in substance that plaintiff was assignee of a bond and mortgage executed by one William Goebel to Babet Blum; that after the execution of the mortgage Goebel conveyed the mortgaged premises to John Heiden, defendant’s testator, by…
1Opinion of the CourtEabl, J.
The plaintiff could, if he had so elected, have commenced an action upon the undertaking of the testator to pay the mortgage, and in the complaint in such action it would have been unnecessary to have alleged any thing about the foreclosure proceedings. If the defendant had relied upon them as a defence it would have been necessary for him to allege them in his answer. But the plaintiff in this action has set out the foreclosure proceedings in his complaint, and seeks only to recover the deficiency, after applying upon the mortgage the amount realized from the sale of the mortgaged premises.…
2Cited by7 opinions
- Watson v. JonesSupreme Court of Florida · 1899
- Dicianni v. WrongAppellate Division of the Supreme Court of the State of New York · 1928
- Franklin National Bank v. LewisNew York Supreme Court · 1899
- Guggenheimer v. SayreNew York Supreme Court · 1889
- Luker v. Fitzer, New York County Courts1919
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