Hochstein v. Schlanger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Solomon Schlanger, 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 30th day of December, 1911, granting the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
The action is to foreclose an overdue mortgage for $9,000. The defendant Schlanger demurs for misjoinder of causes of action and for general insufficiency. The allegations of the complaint affecting said defendant and numbered tenth and eleventh read as follows: “ Tenth. That the defendant Solomon Schlanger had on or about the Yth day of May, 1909, executed and delivered unto the plaintiff herein, an agreement in writing and sealed with his seal, dated on that day, wherein and whereby the said Solomon Schlanger did firmly and jointly bind himself, his heirs, executors and…
2Cases cited4 opinions
- Equitable Life Insurance Society of United States v. StevensNew York Court of Appeals · 1875
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- Darmstadt v. MansonAppellate Division of the Supreme Court of the State of New York · 1911
- Robert v. KidanskyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Klinke v. SamuelsNew York Court of Appeals · 1934
- Baehr v. SmithAppellate Division of the Supreme Court of the State of New York · 1915
- Stehl v. UrisAppellate Division of the Supreme Court of the State of New York · 1924
- Tousey v. BarberNew York Supreme Court · 1928
- Kramer v. Relgov Realty Co.Appellate Division of the Supreme Court of the State of New York · 1934