Burhans v. Burhans
New York Supreme Court
Appeal from circuit court. Action by Nelson H. Burhans against Carrie Burhans, Albert Burhans, and William J. Turck, to foreclose a mortgage. Judgment was entered upon the decision of the court after trial without a jury, from which plaintiff appeals.
1Opinion of the CourtIngalls, J.
This action was brought by the plaintiff to foreclose a mortgage. The answer of the defendants Carrie Burhans and Albert Burhans— First, denied each and every allegation of the complaint; second, that, before the action, they satisfied and discharged the plaintiff’s claim by payment of said bond and mortgage; third, they set up by way of counter-claim, and sought to have applied upon the mortgage as payment, $250, with interest thereon, for an alleged bonus paid by them to the mortgagees for an extension of time for the payment of such mortgage; fourth, by way of equitable defense, a claim…
2Cases cited7 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Robbins v. . FullerNew York Court of Appeals · 1862
- Real Estate Trust Company v. . KeechNew York Court of Appeals · 1877
- Derham v. . LeeNew York Court of Appeals · 1882
- Gillilan v. Sun Mutual InsuranceNew York Court of Appeals · 1869
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