Darmstadt v. Manson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morris Manson and another, from-an order of. the Supreme • Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on thé 1st day of December, 1910, as resettled by an order entered in said clerk’s office on the.‘ 12th day of December, 1910, granting leave to plaintiffs nunc pro tunc to continue an action against the defendants to recover upon a bond, on conditions. . .
1Opinion of the Court
Woodward, J.:
The defendants in this action were the obligors in a certain bond given in connection with a mortgage. The plaintiffs brought an action for the ¡foreclosure of the mortgage, asking for a deficiency judgment. Each of the defendants was served personally within this State] arid the- appealing defendants, Morris Manson and George Jacpbson, neither appeared, answered nor demurred. Newman Diube, the third defendant, appeared nominally in the action, ¡and the same proceeded to judgment. When the judgment was entered it made no provision whatever for a deficiency, and in due course of…
2Cases cited2 opinions
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- Scofield v. . DoscherNew York Court of Appeals · 1878
3Cited by11 opinions
- National City Bank v. GelfertNew York Court of Appeals · 1940
- Stein v. Nellen Development Corp.New York Supreme Court · 1984
- Boyd v. JarvisAppellate Division of the Supreme Court of the State of New York · 1980
- Baehr v. SmithAppellate Division of the Supreme Court of the State of New York · 1915
- Hochstein v. SchlangerAppellate Division of the Supreme Court of the State of New York · 1912
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