Benedict v. Arnoux
New York Supreme Court
Appeal from special term, New York county. Action by Elias C. Benedict and others against George T. Arnoux and others to foreclose a mortgage. From an order denying a motion to open a default, and permit defendants to come in and answer, defendants appeal. Reversed.
1Per curiam
Without passing upon the question as to the validity of any defense set up in the answer proposed to be served, we think that it is apparent that the default occurred through mistake, and that, by reason of such mistake, the defendants should not be deprived of the opportunity of raising the question, in a manner in which it can be reviewed, as to whether tbe answer sets up a defense or not. Where it is apparent that the default has been suffered through mistake, and there is no laches, it does not seem to be proper to pass upon the validity of any defense proposed to be interposed, unless it…
2Cited by4 opinions
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