Mutual Life Insurance v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David 0. Robinson and, another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 18tli day of June, 1897, upon the report of a referee in an action for the foreclosure of a mortgage executed by the appellants to the plaintiff on the 24tli day of October, 1889, which by its terms became due on the 24tli day of October, 1890.
1Opinion of the Court
Parker, P. J.:
The appellants claim that the judgment in this case should be reversed for two principal reasons:
First. Because it appears from the reply in the case that the payment of the mortgage had been extended during the pendency of an agreement dated July 13, 1894, and that the plaintiff has failed to show that such agreement and extension were not still pending.
Second. Because the defendants were not permitted upon the trial to make proof of the counterclaim which is set up in their amended answer.
As to the first proposition, it is true that if plaintiff had averred in. its complaint…
2Cases cited2 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
3Cited by2 opinions
- Barson v. MulliganAppellate Division of the Supreme Court of the State of New York · 1902
- Mutual Life Insurance v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1898