Smith v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles D. Thompson, from a judgment of the Supreme Court in favor of the plaintiff, entered- in the office of the clerk of-the county of Kings on the 15th day of June; 1906, overruling the said defendant’s demurrer to the complaint as frivolous.
1Opinion of the Court
Miller, J.:
This is an appeal from a final judgment in a mortgage foreclosure action, entered pursuant to, the direction of the court, in the form-of an order in terms overruling a demurrer as frivolous. The complaint alleges the making of a bond and a mortgage to secure *7the payment thereof to the St. Regis Realty Company and the assignment of the mortgage to the plaintiff, but does not allege an assignment of the bond, and the point sought to be raised by the demurrer was that as the mortgage was an incident to the debt, an assignment of it did not pass the debt itself. The precise question…
2Cases cited10 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Briggs v. . BergenNew York Court of Appeals · 1861
- Harris v. HammondNew York Supreme Court · 1859
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
- Witherhead v. AllenNew York Supreme Court · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Zeiser v. CohnAppellate Division of the Supreme Court of the State of New York · 1911