Forgotston v. McKeon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Etta Forgotston, from an interlocutory judgment' of the Supreme Court in favor, of the defendant, Matthew J. McKeon, entered in the office of the clerk of the county of Eew York, on the 16th day of January, 1897, upon the decision of the court, rendered after a trial at the Eew York Special Term, overruling her. demurrer to the first and second separate defenses in the said defendant’s answer. ■
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage. The plaintiff alleged, substantially, the making of the mortgage, which is set out in full by the defendant McKeon. The mortgage recites that *343McKeon, the party of the first part, has requested the plaintiff, the party of the second part, to indorse and guarantee two certain notes to enable the party of the first part to have the same discounted by the Mt. Morris Bank of the city of New York, and the' party of the second part lias agreed to indorse and guarantee those notes and may hereafter indorse and guarantee other notes, and it is…
2Cases cited3 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- More v. HowlandNew York Supreme Court · 1847
- Kitchel v. . SchenckNew York Court of Appeals · 1864
3Cited by1 opinion
- Schaich v. AvitabileNew York Supreme Court · 1931