Legal Opinion

Sternback v. Friedman

New York Supreme Court

Decided March 15, 1898PublishedCited by 3 opinions

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

  1. Pitcher v. . HennesseyNew York Court of Appeals · 1872
  2. Henry v. . AllenNew York Court of Appeals · 1896
  3. Dunham v. . GriswoldNew York Court of Appeals · 1885
  4. Shultz v. . HoaglandNew York Court of Appeals · 1881
  5. Nevius v. . DunlapNew York Court of Appeals · 1865

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hofgesang v. SilverCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Breuchaud v. Bank of New York & Trust Co.New York Supreme Court · 1935
  3. Jaeger v. KoenigAppellate Terms of the Supreme Court of New York · 1900

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API