Barwin Realty Co. v. Union Stove Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Union Stove Works, from an order, of ■ the County Court of Kings county, entered in the office of the clerk of said county on the 25th day of November, 1910, striking out the answer of the said defendant as frivolous.
1Opinion of the Court
Burr, J.:
This 'action is brought for the foreclosure of a mortgage made by one Philip Leizerkowitz to the Barwin Realty Company, on September 18, 1908.
The defendant, The Union Stove Works; answered, setting up as an affirmative defense that on October 9,. 1908, it sold to the Philip Realty and Construction Company, at that time owner of the mortgaged premises, certain stoves and ranges, upon the agreement that the title thereto should remain in the Union Stove Works until the purchase price thereof was. fully paid.. The answer further alleges the due-filing of the agreement of sale, as…
2Cases cited4 opinions
- McFadden v. . AllenNew York Court of Appeals · 1892
- Herzog v. . MarxNew York Court of Appeals · 1911
- Mechanics & Traders' Bank v. Bergen Heights Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1910
- East New York Refrigerator & Woodworking Co. v. HalpernAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Astor Mortgage Co. v. Milton Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Barwin Realty Co. v. Union Stove WorksAppellate Division of the Supreme Court of the State of New York · 1911
- Kellogg v. Wilner Const. Co.Appellate Division of the Supreme Court of the State of New York · 1914