Carroll v. . Deimel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court, as upon a trial without a jury. This action was brought to foreclose two mortgages executed by defendant Vrooman, held by D. L. Carroll, plaintiff’s testator at the time of his heath.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court, as upon a trial without a jury. This action was brought to foreclose two mortgages executed by defendant Vrooman, held by D. L. Carroll, plaintiff’s testator at the time of his heath. The answer of defendant Deimel and wife, who alone appeared and defended, alleged a payment by Deimel to Carroll of $1,000 on April 1, 1876. The facts pertinent to the questions…
1Opinion of the CourtRapallo, J.
This is an action for the foreclosure of two mortgages on real estate, and was triable by the court. The defendant was not entitled as matter of right to a trial by jury. Although a sale of the mortgaged premises might result in a deficiency for which a money judgment could be docketed against the defendant liable for such deficiency, such a judgment was not the sole object of the action, but was an incident of the equitable relief sought. It might not even become necessary, as the mortgaged premises might bring a sufficient sum to pay the mortgage debt, and the circumstance, that in the…
2Cases cited2 opinions
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
- Colie v. . TifftNew York Court of Appeals · 1871
3Cited by24 opinions
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Jamaica Savings Bank v. M. S. Investing Co.New York Court of Appeals · 1937
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- Clark v. . MosherNew York Court of Appeals · 1887
- White v. . BenjaminNew York Court of Appeals · 1896
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