White v. Sumner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Pauline E. White and another, from so much of an order, of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the. county of' Westchester on the 24th'day of October, 1896, as denies the plaintiffs’ motion on defendants’ consent for an order of discontinuance-of the action, without costs.
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Appeal by the plaintiffs, Pauline E. White and another, from so much of an order, of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the. county of' Westchester on the 24th'day of October, 1896, as denies the plaintiffs’ motion on defendants’ consent for an order of discontinuance-of the action, without costs. Also, from an order entered in said clerk’s office on the 21st day of November, 1896, denying the plaintiffs’ motion for leave to submit answering affidavits to an affidavit handed up on a previous motion by the defendants’ attorney,…
1Opinion of the CourtGoodrich, P. J.
The action was for the foreclosure of a purchase-money mortgage. The answer of the defendants, who were obligors on the bond, alleged that when the bond was given it was orally agreed that the bond should be a mere formality, never to he enforced.
The trial -of the action was commenced in January, 1896, at which time the plaintiffs moved for judgment' on the pleadings, but the court decided that the answer set up a good and sufficient defense. ■The defendants put in their evidence, and, at the close of the defend*71ants’ case, the motion for judgment was renewed arid denied, and the trial was…
2Cited by5 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- In re AlbrechtAppellate Division of the Supreme Court of the State of New York · 1929
- Morey v. SchusterAppellate Division of the Supreme Court of the State of New York · 1913
- Saranac & Lake Placid Railroad v. ArnoldNew York Supreme Court · 1902
- Gildersleeve v. Reitz, New York County Courts1913