Grant v. . Griswold
New York Court of Appeals
Appear from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term. (Reported below, 21 Hun, 509.) The nature of the Special Term order, and of the action, and the material facts appear sufficiently in the opinion. The order was appeal-able. (Code, § 274; Bacon v. Comstock, 11 How. Pr. 197, 200; Code of Civ.
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Appear from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term. (Reported below, 21 Hun, 509.) The nature of the Special Term order, and of the action, and the material facts appear sufficiently in the opinion. The order was appeal-able. (Code, § 274; Bacon v. Comstock, 11 How. Pr. 197, 200; Code of Civ. Pro., § 190, subd. 3; Howell v. Mills, 53 N. Y. 322; Uline v. N. Y. C. & H. R. R. R. Co., N. Y. Ct. of App., 9 W. Dig. 344; 2 R. S. 191, § 153 ; Edmonds’ Ed. 199, § 153.) No appeal lies to this court from the order of the…
1Opinion of the CourtEarl, J.
This action was commenced November 3, 1869, to foreclose a mortgage for $20,000, executed by the defendant Griswold to the plaintiff ; and Frederick A. Coe was made a co-defendant upon the claim, that he had guaranteed payment of the mortgage. A deficiency judgment was demanded in the complaint against both defendants. ■ Neither of them appeared in the action, or answered or demurred to the complaint therein, and thus both suffered default. Afterward, on the 9th day of January, 1870, the defendant Coe died, and on the 20th day of June, 1870, j udgment for foreclosure of the mortgage was…
2Cited by3 opinions
- Speier v. St. Francis ChurchAppellate Division of the Supreme Court of the State of New York · 1957
- Nicholson v. McMullenNew York Supreme Court · 1941
- Hopkin v. BowskyCity of New York Municipal Court · 1930