Gruenstein v. Jablonsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Christian Biersack, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 29th day of Yovember, 1895, determining that his answer to the complaint was frivolous and directing that the plaintifí have judgment for-the relief demanded in the complaint.
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage. Biersack is the mortgagor and made' the bond, and judgment for deficiency is asked against him. The mortgage was dated December 12,1894, to secure the payment of $3,000 in installments of $300, the first of which was due March 1, 1895, and the same amount each six months thereafter. It was further agreed that the whole principal sum should become due at the option of the mortgagee on default being *582made in the payment of any installment, or after default in the payment of interest for thirty days.
The complaint in its seventh paragraph…
2Cases cited5 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Knapp v. . RocheNew York Court of Appeals · 1884
- Allen v. . PattersonNew York Court of Appeals · 1852
- Strong v. . SproulNew York Court of Appeals · 1873
- Sheldon v. HeatonNew York Supreme Court · 1894
3Cited by5 opinions
- Germain v. HarwellMississippi Supreme Court · 1914
- Bedlow v. StillwellAppellate Division of the Supreme Court of the State of New York · 1899
- Trumbull v. AshleyAppellate Division of the Supreme Court of the State of New York · 1898
- Altman v. Bungay Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Trumbull v. AshleyAppellate Division of the Supreme Court of the State of New York · 1898