Mutual Life Insurance v. Toplitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Solomon B. Toplitz and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of November, 1900, striking out as sham the 3d paragraph of the answer interposed by the defendant, and overruling the remainder of said answer as frivolous.
1Opinion of the Court
Ingraham, J.:
The action was brought to foreclose a mortgage, The complaint alleged that the mortgage contained a provision that, in default of the payment by the mortgagor of all taxes, charges and assessments which might be imposed by law upon the said mortgaged premises, it should be lawful for the mortgagees to pay the amount of such tax, charge or assessment, the amount so paid, with the interest thereon, to be a lien on the said premises and to be secured by the said mortgage; and that in pursuance of this authority conferred on the mortgagees the plaintiff paid certain taxes and…
2Cases cited1 opinion
- Sidenberg v. . ElyNew York Court of Appeals · 1882
3Cited by3 opinions
- Alexander v. AronsonAppellate Division of the Supreme Court of the State of New York · 1901
- Nichols v. CorcoranNew York Supreme Court · 1902
- People ex rel. Wanzor v. SturgisNew York Supreme Court · 1902