Herzfeld v. Strauss
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Felix Herzfeld and others, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 17th day of June, 1897, denying the plaintiffs’ motion for leave to enter judgment upon a stipulation.
1Opinion of the Court
Patterson, J.:
The order from which the appeal in this cause is taken denied a motion made by the plaintiffs for leave to enter judgment upon a stipulation made and signed by the attorneys for the respective parties, under the terms of which the action originally brought for the foreclosure of a mortgage was virtually changed into one upon a money demand. In that stipulation, which bears date April 12,1897, *94it is recited that the mortgaged premises having been released to the defendant Daisy Strauss, in consideration of the payment by her of certain sums of money which had been credited upon…
2Cases cited2 opinions
- Lewis v. . DuaneNew York Court of Appeals · 1894
- McKechnie v. McKechnieAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- United States v. SiegelDistrict Court, N.D. Illinois · 1979