Columbia Mutual Building & Loan Ass'n v. Mittnacht
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob A. Mittnacht, as substituted trustee under the last will and testament of Frances A. Croft, deceased, from an order of»the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 31st day of July, 1900, amending a final decree in favor of the plaintiff entered in said clerk’s office on the 9th day of February, 1900.
1Opinion of the Court
Woodward, J.:
This action was brought in the ordinary form for the foreclosure of a mortgage alleged to have been made and executed by the defendant Hurley on December 11, 1895, covering three lots of *426land. The defendant Mittnaclit, as trustee for the estate of Frances A. Croft, by his answer denied on information and belief that the defendant Hurley had made default, of that there was any money due on account of the mortgage to the plaintiff, and for 9 separate and further defense alleged that the defendant Hurley was hot the real owner of the premises at the time the mortgage was made, but…
2Cited by4 opinions
- Staples v. CallahanCourt of Appeals of Texas · 1940
- Levine v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1902
- J. J. Spurr & Sons, Inc. v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Staples v. CallahanCourt of Appeals of Texas · 1940