Mutual Life Insurance v. O'Donnell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made December 9, 1892, which affirmed an order of the Special Term which granted a motion to set aside a judgment for deficiency against the defendant O’Donnell in the above-entitled action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made December 9, 1892, which affirmed an order of the Special Term which granted a motion to set aside a judgment for deficiency against the defendant O’Donnell in the above-entitled action for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion. The Special Term should have denied the -motion upon the ground that the alleged agreement was not in writing. (Broom v. Wellington, 1 Sandf. 663; Baine v. Thomas, 2 Caines, 95; Leese v. Schermerhorn, 3 How. Pr. 63; M. &…
1Opinion of the CourtHaight, J.
This action, together with seven others, was brought for the foreclosure of mortgages on property in Low-ville, Lewis county, executed by the defendant O’Donnell to the jfiaintiff. Upon stipulation the other actions are to abide the result reached in this, so that it only becomes necessary to consider the facts as presented in this case.
The complaint expressly demanded judgment against the defendant O’Donnell for any deficiency that might arise upon a sale of the premises. O’Donnell interposed an answer in which, among other things, he alleged an extension of time of payment under a verbal…
2Cases cited3 opinions
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