Dry Milk Co. v. Dairy Products Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Dry Milk Company, from an interlocutory judgment of the Supreme Court in. favor of the respondent, entered in the office of the clerk of the county of Chenango on the 27th day of August, 1915, upon the decision of the court rendered after a trial at the Chenango Special Term, overruling plaintiff’s demurrer to the several defenses and counterclaims contained in the respondent’s amended answer.
1Opinion of the Court
Kellogg, P. J.:
Plaintiff, as assignee, brings this action to foreclose the real estate mortgage given by the defendant Dairy Products Company of New York. The defendant Schmidt, who purchased the property with the mortgage upon it, by his amended answer has set up certain alleged defenses, the plaintiff’s demurrer to which has been overruled by the interlocutory judgment now under review. The opinion of the Special Term indicates that there is no doubt but some of the defenses would be demurrable were it not for the conclusion that the denials set forth in the 1st, 3d, 4th and 5th paragraphs…
2Cases cited1 opinion
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- City of Utica v. Gold Medal Packing Corp.New York Supreme Court · 1967
- Carpenter v. WeatherwaxAppellate Division of the Supreme Court of the State of New York · 1950