Sherman v. . Foster
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered December 5, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court after a trial at Special Term. This action was commenced on the 12th of December, 1894, to foreclose three mortgages given to the plaintiff by Charles A. Foster upon his dwelling house in the village of Glens Falls.
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Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered December 5, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court after a trial at Special Term. This action was commenced on the 12th of December, 1894, to foreclose three mortgages given to the plaintiff by Charles A. Foster upon his dwelling house in the village of Glens Falls. The first, dated December 22, 1891, was collateral to a bond in the penalty of $l4,000, conditioned for the payment of $7,000, and interest, in one year from date. The…
1Opinion of the CourtVann, J.
Although the third mortgage of the plaintiff was not due when this action was commenced, as it became due before judgment, if it was still unpaid, it was properly included with the other two mortgages in the decree of foreclosure, under the allegations of the complaint, the evidence, the position taken by the parties at the trial and the rule governing the subject. (Pond v. Harwood, 139 N. Y. 111, 120.) As the court said, in the case cited, in equitable actions “ the right" to judgment is not limited to the facts as they existed at the commencement of the action, but the relief administered…
2Cases cited10 opinions
- Cheesebrough v. MillardNew York Court of Chancery · 1815
- Gay v. GayNew York Court of Chancery · 1843
- Koehler v. . HughesNew York Court of Appeals · 1896
- Peck v. . GoodberlettNew York Court of Appeals · 1888
- Pond v. . HarwoodNew York Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Fults v. . MunroNew York Court of Appeals · 1911
- Estate of KochWisconsin Supreme Court · 1912
- Mallon v. City of Long BeachCalifornia Court of Appeal · 1958
- First Trust Co. v. Airedale Ranch & Cattle Co.Nebraska Supreme Court · 1939
26 more not listed; retrieve them via the Exa API.