Filon v. Durkin
New York Supreme Court
Appeal from Monroe county court. Action in the county court by Michael Filón against John M. Durkin, impleaded with Melville G. Biker, to foreclose a mortgage. Judgment for plaintiff by default against Durkin. Biker took an assignment of the bond and mortgage, and sought to enforce the judgment. Durkin claimed equities existing between him and Biker, and made application to open the default and interpose such equities.
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Appeal from Monroe county court. Action in the county court by Michael Filón against John M. Durkin, impleaded with Melville G. Biker, to foreclose a mortgage. Judgment for plaintiff by default against Durkin. Biker took an assignment of the bond and mortgage, and sought to enforce the judgment. Durkin claimed equities existing between him and Biker, and made application to open the default and interpose such equities. An order was made the default, and from such order Biker appealed.
1Opinion of the CourtMacomber, J.
The controversy on the motion, and upon this appeal taken from the order entered on the motion, is between certain co-defendants, namely, Durkin and Biker. The notice of motion was served not only upon the appellant, but also upon the plaintiff, but the plaintiff makes no appearance upon the motion. The action was brought to foreclose a purchase-money mortgage made by the defendant Ellis to the defendant Durkin, and by the latter assigned to the plaintiff witii a guaranty of collection. None of the defendants made any defense to the action. On the 15th day of April, 1890, after judgment of…
2Cases cited4 opinions
- Humphrey v. . ChamberlainNew York Court of Appeals · 1854
- Lansing v. . RussellNew York Court of Appeals · 1850
- People Ex Rel. Waldman v. Board of Police CommissionersNew York Court of Appeals · 1880
- Bolles v. DuffNew York Court of Appeals · 1870