Neukirch v. McHugh
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Blanche B. Neukirch, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of April, 1914, overruling her demurrer to the separate defense contained in the amended answer of the respondent, the issues arising on the demurrer having been brought on and tried as a contested motion.
1Opinion of the Court
Laughlin, J.:
This is an action for the foreclosure of a mortgage. A deficiency judgment is demanded against the respondent Levy, who executed the mortgage as collateral security for his bond given on the 31st day of May, 1894, to one Ranger, for the payment of $35,000, and interest at the rate of four and one-half per cent per annum, on the 31st day of May, 1899. The bond and mortgage were duly assigned to the plaintiff on the 5th day of July, 1894.
The indebtedness was reduced to $20,000 and plaintiff alleges that on the 3d day of December, 1902, the respondent and one Fitzpatrick, who…
2Cases cited14 opinions
- Murray v. . MarshallNew York Court of Appeals · 1884
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Dibble v. . RichardsonNew York Court of Appeals · 1902
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3Cited by7 opinions
- Bier Pension Plan Trust v. Estate of SchneiersonNew York Court of Appeals · 1989
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- Waterbury-Wallace Co. v. IveyAppellate Terms of the Supreme Court of New York · 1917
- Royal Bank of Canada v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1927
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