Merritt v. Gouley
New York Supreme Court
Appeal from special term, Westchester county. Action by Jane E. Merritt against John W. S. Gouley and others. From an order denying a motion by plaintiff to strike out part of the answer of said defendant Gouley as sham and irrelevant, and for judgment on said answer as frivolous, plaintiff appeals.
1Opinion of the CourtPratt, J.
This is a foreclosure suit of a purchase-money mortgage wherein a judgment of deficiency is prayed for in case a sale fails to produce an amount sufficient to pay the mortgage with interest and costs. The answer, among other matters, puts in issue the amount claimed to be due by *133setting up a counter-claim for damages by reason of a breach of the covenant of seisin in the deed. The plaintiff moved to strike out the answer as sham and irrelevant, and for judgment upon it as frivolous. It is a sufficient answer to this motion that it would require argument to prove that it was frivolous. It is…
2Cases cited99 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Kirtz v. . PeckNew York Court of Appeals · 1889
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3Cited by11 opinions
- Mahoney v. PearceWyoming Supreme Court · 1928
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- Fout v. WolfeAppellate Division of the Supreme Court of the State of New York · 1930
- Stephenson v. Agricultural Insurance Co.Wisconsin Supreme Court · 1903
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
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