Hammond v. Earle
New York Supreme Court
Demurrers to answers. The complaint shows that defendant Earle held the bond of plaintiff for $12,000; also a mortgage on plaintiff’s property, collateral to the bond; that Earle had proceeded to foreclose, and had obtained and held a judgment or decree for the sale of the property mortgaged, and had advertised the property for sale under such judgment.
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Demurrers to answers. The complaint shows that defendant Earle held the bond of plaintiff for $12,000; also a mortgage on plaintiff’s property, collateral to the bond; that Earle had proceeded to foreclose, and had obtained and held a judgment or decree for the sale of the property mortgaged, and had advertised the property for sale under such judgment. In this condition of things defendant Eoss arranged with plaintiff to purchase, if possible, the said judgment, bond and mortgage of Earle for the benefit of party Hammond; the former to take the assignment and hold the title temporarily in…
1Opinion of the CourtLawrence, J.
The demurrer to the fourth defense must be sustained. No reference is made, in the subdivision of the answer in which that defense is alleged, to the matters averred in the other parts of the answer. In Baldwin agt. The United States Telegraph Company (54 Barb., 517), Potter, J., in delivering the opinion of the court, says: “ By the well-settled rules of pleading each answer must of itself be a complete answer to the whole complaint, as perfectly so as if it stood alone. Unless in terms it adopts or refers to the matter contained in some other answer, it must be tested as a pleading, alone…
2Cases cited3 opinions
- Springer v. . DwyerNew York Court of Appeals · 1872
- Baldwin v. United States Telegraph Co.New York Supreme Court · 1867
- Swift v. KingsleyNew York Supreme Court · 1857
3Cited by8 opinions
- Delaney v. MillerNew York Supreme Court · 1895
- Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
- Gardner v. McWilliamsOregon Supreme Court · 1902
- Wiley v. Village of Rouse's PointNew York Supreme Court · 1895
- Olivella v. New York & Harlem RailroadNew York Supreme Court · 1900
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