Sternback v. Friedman
New York Supreme Court
Action to foreclose a mortgage given, to secure the debt of another.' The opinion sufficiently states the case.
1Opinion of the CourtPryor, J.
In an action to foreclose a mortgage given to secure the debt of another, the .surety mortgagor defends upon three grounds: First, that the bond'and mortgage were extorted by duress; secondly, by way of counterclaim, that the bond and mortgage should be reformed so as to express what is alleged to be the' true intent of the parties; and thirdly, that the sum recoverable be reduced- by the amount of securities claimed to have been surrendered by the plaintiff to the principal debtor.
No allegation of duress appears in the answer; but manifestly it is an affirmative defense, to be pleaded, too,…
2Cases cited10 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Henry v. . AllenNew York Court of Appeals · 1896
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Nevius v. . DunlapNew York Court of Appeals · 1865
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3Cited by3 opinions
- Hofgesang v. SilverCourt of Appeals of Kentucky (pre-1976) · 1930
- Breuchaud v. Bank of New York & Trust Co.New York Supreme Court · 1935
- Jaeger v. KoenigAppellate Terms of the Supreme Court of New York · 1900