United States Life Insurance v. Poillon
New York Supreme Court
Appeal from special term, New York county. Action to recover a deficiency remaining aftersale under a judgment of mortgage foreclosure. Defendants, George W. Poillon and others, appeal from an order denying a motion to vacate an order made ex parte after the commencement of the action, granting plaintiff leave to sue nune pro tune as of a date prior to the commencement of the action.
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Appeal from special term, New York county. Action to recover a deficiency remaining aftersale under a judgment of mortgage foreclosure. Defendants, George W. Poillon and others, appeal from an order denying a motion to vacate an order made ex parte after the commencement of the action, granting plaintiff leave to sue nune pro tune as of a date prior to the commencement of the action. For the opinion of the special term, on demurrer to the complaint, see Insurance Co. v. Gage, 3 N. Y. Supp. 398.
1Opinion of the CourtVan Brunt, P. J.
The plaintiffs in this action were the holders of a bond
and mortgage, which they foreclosed, and upon the sale a deficiency resulted, and, certain property belonging to the estate of the mortgagor having been deposited in the United States Trust Company, this action was brought to secure payment of such deficiency out of such funds. The complaint did not allege that any leave had been granted for the commencement of this action. Some of the defendants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and such demurrer was…
2Cases cited2 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- McKernan v. . RobinsonNew York Court of Appeals · 1881
3Cited by3 opinions
- Cooper Co. v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1912
- Walton v. Grand Belt Copper Co.New York Supreme Court · 1890
- In re PizaAppellate Division of the Supreme Court of the State of New York · 1896