Rutherfurd Realty Co. v. Cook
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Willet F. Cook, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clez-k of the county of Hew York on the 20th day of November, 1908, directing the payment of certain funds to the plaintiff.
1Opinion of the Court
Houghton, J.:
The plaintiff held mortgages upon real property owned by the defendant Cook and obtained a judgznent of foreclosure adjudging that Cook should pay any deficiency that might ai’ise on the sale. Cook had interposed vazious defenses to the foi'eclosure action, and on his appeal to the Court of Appeals that court decided that he was not liable for deficiency azid directed that the judgment be revez’sed unless the plaintiff stipulated to eliminate that part of its judgment (191 N. Y. 555), which stipulation was given. During the progress of the litigation a motion was znade by…
2Cases cited1 opinion
- Rutherfurd Realty Company v. . CookNew York Court of Appeals · 1908
3Cited by2 opinions
- Chauffeurs, Teamsters, Warehousemen & Helpers Local Union No. 364 v. Ruan Transport Corp.District Court, N.D. Indiana · 1979
- Rutherford Realty Co. v. CookAppellate Division of the Supreme Court of the State of New York · 1909