Ginnel v. Stayner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth Stayner, 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 the 19th day of December, 1901, striking out said defendant’s answer as sham and directing judgment to be entered in favor of the plaintiffs.
1Opinion of the Court
Jenks, J.:
This is an appeal from an order of the Special Term, in an action for the foreclosure of a mortgage made by the defendant and her husband on February 15, 1901, to the Title Guarantee and Trust Company, striking out defendant’s answer as sham, and directing judgment. The plaintiffs alleged an assignment to them, for value received, of the bond and mortgage, by an instrument in writing dated February 15, 1901, and recorded. The verified answer was confined to the plea that defendant had no knowledge or information sufficient to form a belief as to the assignment or record thereof. The…
2Cases cited8 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Roby v. HallockNew York Supreme Court · 1878
- Schultze v. RodewaldNew York Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hespe v. Corning Glass Works, Inc.District Court, W.D. New York · 1935