Legal Opinion

Gruenstein v. Biersack

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1896Published

Appeal from an order that plaintiff have judgment on account of the frivolousness of the answer.

1Opinion of the CourtRumsey, J.

The action was brought to foreclose a mort gage. Biersack is the mortgagor, and made the bond; and judgment for deficiency is asked against him: The mortgage was dated December 12, 1894, to secure $3,000, in installments of $300, the first of which was due March 1, 1895, and the same amount each six months thereafter. It was further agreed that the whole principal sums should become due, at the option of Gruenstein, on default being made in the payment of any installment, or after default in the payment of interest for thirty days. The complaint, in its seventh paragraph, alleged that:

“The…

2Cases cited5 opinions

  1. McKyring v. . BullNew York Court of Appeals · 1857
  2. Knapp v. . RocheNew York Court of Appeals · 1884
  3. Allen v. . PattersonNew York Court of Appeals · 1852
  4. Strong v. . SproulNew York Court of Appeals · 1873
  5. Sheldon v. HeatonNew York Supreme Court · 1894

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