Minrath v. Teachers' Land & Improvement Co.
New York Supreme Court
Appeal from special term, Westchester county. Action by Ferdinand R. Minrath against the Teachers’ Land & Improvement Company, William H. Van Cott, Jr., and Louis Proudfoot to foreclose a mortgage given to the plaintiff by defendant Van Cott. After the cause had been noticed for trial, the Teachers’ Land & Improvement Company, which had bought the mortgaged property, served an amended answer alleging usury. Plaintiff obtained judgment.
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Appeal from special term, Westchester county. Action by Ferdinand R. Minrath against the Teachers’ Land & Improvement Company, William H. Van Cott, Jr., and Louis Proudfoot to foreclose a mortgage given to the plaintiff by defendant Van Cott. After the cause had been noticed for trial, the Teachers’ Land & Improvement Company, which had bought the mortgaged property, served an amended answer alleging usury. Plaintiff obtained judgment. The-Teachers’ Land & Improvement Company appeals. Affirmed.
1Opinion of the CourtPratt, J.
The practice is probably not entirely settled as • to whether a new notice of trial must be given where an amended answer is, in good faith, served after a cause has been noticed" for trial. The case of Ostrander v. Conkey, 20 Hun, 421, seems to hold that a new notice should be given; but it is clear that, where the amended answer is. not interposed in good faith, the court may require the trial to proceed at once upon the notice of trial originally given. , That course was taken by the court below. The amended answer was deemed to be unnecessary and not interposed in good faith. Entertaining…
2Cited by1 opinion
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