Towner v. Cary
New York Supreme Court
The plaintiff moves for judgment on the pleadings and for an order appointing a referee to compute the amount due of principal and interest upon mortgage for the foreclosure of which this action is brought.
1Opinion of the CourtRudd, J.
The affidavit by the attorney for the plaintiff alleges that there is unpaid upon the amount secured by the mortgage principal of $2,500 with interest thereon; that none of the defendants are absentees, infants or persons of unsound mind; that all defendants are in default in pleading save defendant Elizabeth M. Carey, who has interposed an answer under which the question here submitted arises.
The complaint alleges that the defendants John J. Gardiner and Howell P. Wilber executed and delivered to plaintiff their bond and a mortgage accompanying the same to secure the sum of $2,500.
In the 5th…
2Cases cited1 opinion
- White v. GibsonNew York Supreme Court · 1908