Kirchhoff v. Gerli
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adam Kirchhoff, from a judgment of the Supreme Court in favor of the respondent, entered in the office of the clerk of the county of Westchester on the 25th day of June, 1915, upon the decision of the court after a trial at the Westchester Special Term.
1Opinion of the Court
Jerks, P. J.:
When plaintiff sued to foreclose his mortgage made by defendant Waldo, the defendant Gerli answered that her mortgage, made also by Waldo, was a prior lien and that plaintiff’s mortgage had no present consideration. These questions alone were tried by the Special Term, which found for the defendant Gerli and adjudged a foreclosure of her mortgage in accord with her prayer. Plaintiff’s mortgage was recorded on July 11, 1913, and defendant’s mortgage on August 8, 1913. Gerli bore the burden to establish her affirmative *162pleas. (Jones Mort. [6th ed.] § 554.) The court found that…
2Cases cited7 opinions
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Hyman v. . HauffNew York Court of Appeals · 1893
- Reed v. . GannonNew York Court of Appeals · 1872
- Kingsland v. . FullerNew York Court of Appeals · 1899
- Constant v. University of RochesterNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ochenkowski v. DunajAppellate Division of the Supreme Court of the State of New York · 1931
- Hood v. WebsterNew York Court of Appeals · 1936
- Hood v. WebsterAppellate Division of the Supreme Court of the State of New York · 1935