Bettis v. Goodwill
New York Supreme Court
This action was brought for the foreclosure of a mortgage. The complaint alleged that $129.47, had become due upon the bond and mortgage in suit, and that $250 was then to become due. It also alleged that the mortgaged premises could not be sold in parcels, and claimed judgment for the foreclosure of the mortgage and a sale of the mortgaged premises. The mortgagor in his answer denied that the amount alleged was due, and that the premises could not be sold in parcels.
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This action was brought for the foreclosure of a mortgage. The complaint alleged that $129.47, had become due upon the bond and mortgage in suit, and that $250 was then to become due. It also alleged that the mortgaged premises could not be sold in parcels, and claimed judgment for the foreclosure of the mortgage and a sale of the mortgaged premises. The mortgagor in his answer denied that the amount alleged was due, and that the premises could not be sold in parcels. He also alleged certain payments and counter-claims by way of defense. With this answer there was served an offer, that the…
1Opinion of the Court
By the court, Daniels, J.
The papers furnished upon the argument of the appeal in this cause, do not contain the offier of judgment served by the defendant who gave the mortgage. But as they disclose that the offer was used with the pleadings, on the adjustment of the costs by the clerk, and on the hearing of the appeal before the special term, there will be no impropriety in looking into the printed case furnished to this court when the appeal from the judgment was heard, for the purpose of ascertaining its contents. By the offer, as it is contained in that case, the mortgagor offered “ to…
2Cited by2 opinions
- Pfister v. StummThe Superior Court of New York City · 1894
- Rollins v. BarnesAppellate Division of the Supreme Court of the State of New York · 1897