Carlin v. Bruhl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Christina Carlin, and by the defendants Elizabeth Morrison and others, from a judgment of the Supreme Court in favor of the respondents, entered in the office of the clerk of the county of Kings on the 26th day of December, 1918, upon the decision of the court after a trial at the Kings County Special Term. The judgment was rendered in an action to partition certain property situated on Greenpoint avenue, Brooklyn.
1Per curiam
The reply to the answer of the adult defendants and the answers of the infant defendants did not raise an issue as to the Statute of Limitations. (Fairweather v. Burling, 181 N. Y. 117; Kindgen v. Craig, 162 App. Div. 508.)
The evidence given in this case presented a complete answer to the claim that the Statute of Limitations has run on this mortgage and that it must be presumed to be paid. Although the issue is not raised by the pleadings, a determination upon the merits will be more satisfactory to the parties than one based upon a technicality in pleading.
Mary Bruhl, the widow of…
2Cases cited2 opinions
- Fairweather v. . BurlingNew York Court of Appeals · 1905
- Kindgen v. CraigAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Ernst v. LangeAppellate Division of the Supreme Court of the State of New York · 1919
- Holman v. NewtonAppellate Division of the Supreme Court of the State of New York · 1949