Ellsworth v. Campbell
New York Supreme Court
APPEAL from an order made at a Special term, denying the applicatioh of the defendaht Campbell to set aside a judgment entered against him for the amount of a deficiency occurring on a sale of inortgaged premises, and for leave to him to come in arid defend the suit.
1Opinion of the Court
By the Court, Brown, J.
Thié is an action commenced in July, 1853, to foreclose two mortgages, one of which is dated November 1st, 1846, and the other on the 10th day of May, 1847, made by the moving party, George W. Campbell, and one Horatio N. Eryatt, upon certain leasehold premises, with the buildings and machinery thereon, situate on the Wallah-bout road in the city of Brooklyn. No summons, process or papers of any kind, to appear in the action, were personally served upon the defendant Campbell. But Marvin & Prime, two of the attorneys of this court, upon the retainer of the defendant…
2Cases cited3 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Grazebrook v. M'CreedieNew York Supreme Court · 1832
- Blodget v. Conklin & ArnoldNew York Supreme Court · 1854
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- Waring v. McKinleyNew York Supreme Court · 1862
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- Kramer v. GerlachAppellate Terms of the Supreme Court of New York · 1899
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