Harvey v. Truby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fred Truby and others, from an interlocutory judgment of the County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 26th day of ¡November, 1900, upon the decision of the court, rendered after a trial at the Erie County Court, overruling a demurrer to the complaint.
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage. The appellants interposed a demurrer iipon the ground that the complaint did not state facts sufficient to constitute a cause of action. This demurrer was overruled hy the County Court, and an interlocutory judgment was entered for the plaintiff, and from that judgment this appeal is taken/
The allegation of the complaint is that the mortgage in suit provided for the payment of the sum of $19,103.30,.- with interest from the 19th of December, 1892,- in three equal annual payments, with interest, from the date of the mortgage. There…
2Cases cited2 opinions
- Ryan v. HollidayCalifornia Supreme Court · 1895
- Coulter v. BowerNew York Court of Common Pleas · 1882