Legal Opinion

Buckley v. Beaver

New York Supreme Court

Decided April 15, 1917PublishedCited by 4 opinions

Demurrer to complaint.

1Opinion of the CourtGreenbaum, J.

This is a demurrer by one of the heirs at law of one Harris Beaver to a complaint to foreclose a mortgage covering certain real property in which it is sought to obtain judgment for deficiency individually, against the widow and next of kin of said Harris Beaver, who was personally liable for the mortgage debt. The allegations of the complaint are insufficient to warrant a judgment of deficiency against the demurring defendant. The deficiency is only properly recoverable in this áction against the personal representatives of the decedent, Harris Beaver, and can be collected from the…

2Cases cited3 opinions

  1. Olmstead v. . LatimerNew York Court of Appeals · 1899
  2. Glacius v. . FogelNew York Court of Appeals · 1882
  3. Lawrence v. GroutAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Jemzura v. JemzuraNew York Court of Appeals · 1975
  2. In re the Estate of McLarenNew York Surrogate's Court · 1939
  3. Emigrant Industrial Savings Bank v. New Rochelle Trust Co.Appellate Division of the Supreme Court of the State of New York · 1947
  4. Carrere v. KaldenbergAppellate Division of the Supreme Court of the State of New York · 1921

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