Godwin v. Liberty-Nassau Building Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Liber ty-Nassau Building Com-. pany, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of February, 1911, upon the decision of the court, on a motion made by the plaintiff at the New York Special Term, granting judgment on the pleadings.
1Opinion of the Court
Scott, J.:
The action is to foreclose a second mortgage. The complaint, in addition to the customary allegations in such actions, also alleges that in order to protect his hen, and pursuant to special covenants in the mortgage, the plaintiff has paid certain sums for taxes on said property and for interest upon the prior mortgage, and these sums he seeks to include in the judgment of foreclosure. The defendant owner has interposed an answer in which it denies that it has any knowledge or information sufficient to form a belief as to the. allegations respecting the payment of said taxes and…
2Cited by4 opinions
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- A. O. Andersen Trading Co. v. BrodyAppellate Division of the Supreme Court of the State of New York · 1920
- Partenfelder v. PeopleAppellate Division of the Supreme Court of the State of New York · 1913
- Samuel Kronman & Co. v. Public National BankAppellate Division of the Supreme Court of the State of New York · 1926