Meserole v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard J. Williams, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 24th day of June, 1912, granting the plaintiff’s motion for judgment-on the pleadings.
1Opinion of the Court
Woodward, J.:
This is an action to foreclose a purchase-money mortgage made and delivered by the defendant to plaintiff’s assignor. The defendant was in default, and had made a motion to open the default and for permission to serve an answer. By consent of the parties the answer was received by the plaintiff, and the motion was treated as one for judgment on the pleadings, and an order was made directing judgment for the plaintiff, the defendant appealing to this court.
The «defendant’s proposed answer does not deny any of the material allegations of the complaint in so far as the merits of the…
2Cases cited4 opinions
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Ryerson v. . WillisNew York Court of Appeals · 1880
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
- Kouwenhoven v. GiffordAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Bailey v. FearAppellate Division of the Supreme Court of the State of New York · 1918
- Linke v. CurleyAppellate Division of the Supreme Court of the State of New York · 1929
- Meserole v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1913
- Meserole v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1913