Pitcher v. Sutton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
We have reached the conclusion that the Statute of Limitations furnishes a complete defense to this action. That being so, it is unnecessary to discuss the merits of the case, or to *292determine whether plaintiffs could recover, if the cause of action were not barred by the statute.
The action is brought in equity to set aside a deficiency judgment entered against the plaintiffs in the sum of $1,561.68. The plaintiffs were the mortgagees in the mortgage which was foreclosed, but they were held hable for the principal indebtedness because when they assigned the bond and mortgage to the defendant…
2Cases cited6 opinions
- Costello v. . CostelloNew York Court of Appeals · 1913
- Gilmore v. . HamNew York Court of Appeals · 1894
- Spallholz v. . SheldonNew York Court of Appeals · 1915
- Yeoman v. TownshendNew York Supreme Court · 1893
- Chorrmann v. BachmannAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by31 opinions
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- 509 Sixth Avenue Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1964
- Dulberg v. MockNew York Court of Appeals · 1956
- Buttles v. SmithNew York Court of Appeals · 1939
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
26 more not listed; retrieve them via the Exa API.