Chamberlain v. Dempsey
New York Supreme Court
Appeal from a judgment of foreclosure and sale. This cause, being an action for the foreclosure of a mortgage, was first tried before Justice Hoffman, and is reported in 13 Ante,'61; and afterwards the judgment rendered at that trial was reversed at general term (S. 0., 14 Ante, 241), on the ground of error in the obtaining of the same. Having been retried, it came before the general term a second time, on appeal from the judgment rendered at such second trial.
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Appeal from a judgment of foreclosure and sale. This cause, being an action for the foreclosure of a mortgage, was first tried before Justice Hoffman, and is reported in 13 Ante,'61; and afterwards the judgment rendered at that trial was reversed at general term (S. 0., 14 Ante, 241), on the ground of error in the obtaining of the same. Having been retried, it came before the general term a second time, on appeal from the judgment rendered at such second trial. The facts are stated in the opinion.
1Opinion of the Court
By the Court.—Barbour, J.
This action, for the foreclosure of a mortgage upon real estate, was tried before Justice Honcrief without a jury, and the decision reserved. Subsequently, and on the 12th of April, 1862, the justice filed his findings of fact and conclusions of law: the latter of which are as follows:
First,—That the plaintiff is entitled to a judgment of foreclosure and sale for the purpose of discharging the amount of principal and interest due upon the mortgage, together with the costs of suit.
Second,—That the plaintiff is not entitled to a judgment for any deficiency.
Third,—That…
2Cited by3 opinions
- Broder v. ConklinCalifornia Supreme Court · 1893
- Woolf v. WoolfNew York Supreme Court · 1926
- Ansonia Brass Co. v. ConnerNew York Court of Common Pleas · 1881