Cook v. Broughton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Darius Broughton, from an order of the Supreme Court, made at the Steuben Special Term and entered in the office of the clerk of the county of Steuben on the 2d day of February, 1918, declaring the answer of the defendant to be frivolous and directing judgment for the relief demanded in the complaint.
1Opinion of the Court
Kruse, P. J.:
The action is for the foreclosure of a mortgage covering certain real estate and the enforcement of the collection of the bond accompanying the same. The judgment demanded and directed is the usual judgment of foreclosure and sale and the payment of the deficiency by the defendant Darius Broughton, who, it is alleged in the complaint, made the bond. The complaint is verified. The answer of the defendant Darius Broughton denies upon information and belief each and every allegation of the complaint and as a further defense alleges likewise upon information and belief that on or…
2Cases cited4 opinions
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
- Childs v. ChildsAppellate Division of the Supreme Court of the State of New York · 1912
- Rockowitz v. SiegelAppellate Division of the Supreme Court of the State of New York · 1912
- Cook v. BroughtonNew York Supreme Court · 1918