Schieck v. Donohue
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Donohue, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to two separate defenses contained in said defendant’s answer.
1Opinion of the Court
Hatch, J.:
This action is brought to forclose a mortgage, after default in the payment of interest, under a clause therein authorizing the mortgagee upon such default to elect to treat the whole amount as due. In the 4th paragraph of the answer the defendant avers for a further and separate defense that there is another action pending betweeen the same parties, brought by the plaintiff for the same sum of money, and that it is now pending. The 5th paragraph pleads a tender of payment within the time prescribed in the mortgage. The demurrer was to these two defenses and was based upon the…
2Cases cited2 opinions
- Tuthill v. . MorrisNew York Court of Appeals · 1880
- Werner v. . TuchNew York Court of Appeals · 1891
3Cited by4 opinions
- Rush v. WagnerAppellate Division of the Supreme Court of the State of New York · 1918
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1904
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1903
- Hoffman v. PicconeCity of New York Municipal Court · 1930