Herb v. Metropolitan Hospital & Dispensary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Hospital and Dispensary of New York, from a 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 19th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure of a mortgage and the sale of certain real property owned by the defendant, with notice of an intention to bring up for review upon…
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Appeal by the defendant, The Metropolitan Hospital and Dispensary of New York, from a 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 19th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure of a mortgage and the sale of certain real property owned by the defendant, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 19th day of May, 1902, denying the defendant’s motion to frame…
1Dissent
McLaughlin, J. (dissenting):
I am unable, for the following reasons, to concur in the opinion of Mr. Justice Laughlin. The defendant purchased from the plaintiff certain real estate in the city of New York and gave a mortgage upon the same to secure a portion of the purchase money. This action was brought to foreclose that mortgage. The answer did not deny any of the allegations of the complaint, but set up a counterclaim— which was put in issue by a reply -—for damages alleged to have been sustained by reason of a breach of a covenant against incumbrances contained in the deed of conveyance.
Th…
2Cases cited4 opinions
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Arnot v. NevinsAppellate Division of the Supreme Court of the State of New York · 1899
- Roslyn Heights Land & Improvement Co. v. BurrowesAppellate Division of the Supreme Court of the State of New York · 1897