McLaughlin v. Durr
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, John McLaughlin, from an order of the Supreme Court, made at the New York Special Term and. entered in the office of the clerk of the county of New York on the 10th day of June, 1902, denying the petitioner’s motion for leave to commence an action to recover the balance of a mortgage debt.
1Opinion of the Court
Patterson, J.:
This ajipeal is from an order denying an application made under section 1628 of the Code of Civil Procedure by John McLaughlin for leave to commence and maintain an action against John Durr, Segunda Lopez and Bertha Lopez, to recover part of a mortgage debt. - The petition of McLaughlin sets forth, in substance, the following facts as the ground of his application : On the 30th of April, 1896, Segunda and Bertha Lopez'executed and delivered to John Durr their joint and several bond for $8,000, with interest to be paid semi-annually, and. the bond contained the provision that-the…
2Cases cited1 opinion
- Marshall v. AddisonAppellate Division of the Supreme Court of the State of New York · 1900