Stern v. Marcuse
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie plaintiff, Nettie Stern, from an order of the Supreme Court, made at'tlie Westchester Special Term and entered in the office of the clerk of the county, of Westchester'on the 19th day of December, 1906, denying the plaintiff’s motion to compel the defendant Kimmerle to separately state and number, his defenses.
1Opinion of the Court
Gaynor, J. :
This is an action to foreclose a mortgáge on real property. The complaint alleges the assignment of the bond and mortgage to the plaintiff by the mortgagee, the Harlem Savings Bank. Thé answer consists of an unscientific, rambling statement, such as á .layman. might possibly draw, in the middle of which is this: “Upon "information; and belief this defendant"denies that the Harlem-Savings Bank sold or assigned the said bond and mortgage to the plaintiff,- or that the plaintiff is the lawful owner or holder of" the said bond and mortgage, or possessed thereof.” All that can be made…
2Cases cited1 opinion
- Flechter v. JonesNew York Supreme Court · 1892
3Cited by5 opinions
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- Burnham v. HornadayNew York Supreme Court · 1927
- Morron v. BryceAppellate Division of the Supreme Court of the State of New York · 1914
- Black v. GibbsNew York Supreme Court · 1915
- Silver & Co. v. WatermanAppellate Division of the Supreme Court of the State of New York · 1908