Beach v. Shanley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Shanley, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 17th day of March, 1898, overruling the answer interposed by said defendant as frivolous, and referring the action to a referee to ascertain and compute the amount due upon the mortgage in suit.
1Opinion of the Court
Van Brunt, P. J.:
It seems to us, upon an examination of the pleadings contained in this record, that the answer of the defendant is not only not frivolous, but raises issues which must be settled upon a trial. This action was brought on the 11th of November, 1897, to foreclose a mortgage which, according to the allegations of the complaint, became due on the 4th of March, 1897, and upon which no interest had been paid from said date. There was an allegation in the complaint that the bond and mortgage contained a thirty-day interest clause, but this allegation was irrelevant and inapplicable…
2Cases cited1 opinion
- Leopold v. HallheimerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Pizer v. HerzigAppellate Division of the Supreme Court of the State of New York · 1907
- Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
- Schrieber v. SawyerNew York Supreme Court · 1930