Equitable Life Insurance Society of United States v. Stevens
New York Court of Appeals
- Appeal from order of the General Term of the Court of' Common Pleas for the city and county of New York, affirm-1 ing an order of Special Term 'granting a motion for leave to bring an action upon a bond.' The bond in question was executed by defendants’ testator,! together with a mortgage upon real estate in New York city,! to secure the same. An action was brought to foreclose the mortgage.
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- Appeal from order of the General Term of the Court of' Common Pleas for the city and county of New York, affirm-1 ing an order of Special Term 'granting a motion for leave to bring an action upon a bond.' The bond in question was executed by defendants’ testator,! together with a mortgage upon real estate in New York city,! to secure the same. An action was brought to foreclose the mortgage. The complaint asked for a sale of the mortgaged premises and payment of the mortgage out of the proceeds. No judgment for a deficiency was asked for. A judgment was perfected therein, in which no…
1Opinion of the CourtRapallo, J.
We think the order of the General Term appealable to this court. The order made at Special Term declares that the application of the plaintiff is granted “ solely on the ground that the court has no power or authority to ' deny the same.” By the order of the General Term that of the Special Term is “ in all things affirmed.” This upon its face purports to be an affirmance in all respects of the decision made at Special Term. There is nothing in the case showing that the General Term exercised its discretion upon equities of the application, and affirmed the order upon the merits.. So far as…
2Cases cited1 opinion
- Suydam v. BartleNew York Court of Chancery · 1841
3Cited by45 opinions
- Frank v. . DavisNew York Court of Appeals · 1892
- Irving Trust Co. v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1943
- National City Bank v. GelfertNew York Court of Appeals · 1940
- Wandschneider v. BekenyNew York Supreme Court · 1973
- White v. WielandtAppellate Division of the Supreme Court of the State of New York · 1940
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