Springsteene v. Gillett
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought in Í879, upon a judgment entered in Monroe county in an action brought in 1860 to foreclose a mortgage and to recover any deficiency arising upon a sale of the mortgaged premises. The answer contained certain denials but did not set up any affirmative defense. .
1Opinion of the Court
Hardin, J.:
The complaint avers that Thomas Smith, on the 11th of May, 1860, recovered a judgment in this court against the defendant for $1,065.18, in an action; and “ which said judgment was onsaid 11th day of May, 1860, duly docketed against said defendant in the office of the clerk of Monroe county,” and the assignment thereof to the plaintiff. No motion was made to have the complaint made more certain. But the defendant in his answer “ denies that he has any knowledge or information sufficient to form a belief as to whether at the time, and at the place and in the court in said complaint…
2Cases cited8 opinions
- Mills v. HoagNew York Court of Chancery · 1837
- Morris v. . MorangeNew York Court of Appeals · 1868
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Dubois v. DuboisNew York Supreme Court · 1826
- Cook v. DickersonThe Superior Court of New York City · 1853
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