General Underwriting Co. v. Stilwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Van Mater Stilwell, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 17th day of September, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the plaintiff’s demurrer to a separate defense set up in the answer of the said defendant.
1Opinion of the Court
Carr, J.:
This is an action to foreclose a mortgage on real property. The defendant has pleaded a partial setoff against the amount due on the face of the mortgage. To his defense of setoff the plaintiff demurred, and from an interlocutory judgment sustaining the demurrer the-defendant Van Mater Stilwell now appeals.- The question of law involved is interesting but'simple, if the facts be kept clearly in mind. The plaintiff is the assignee of the mortgage in suit. The defendant, . in his defense of setoff, alleges that the plaintiff is but acting as the agent for certain codefendants W ood,…
2Cases cited5 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- McGuckin v. . MilbankNew York Court of Appeals · 1897
- Geiszler v. . De GraafNew York Court of Appeals · 1901
- Merritt v. GouleyNew York Supreme Court · 1890
- D'Amelio v. AbrahamNew York Supreme Court · 1907
3Cited by2 opinions
- Schick v. UllandOhio Superior Court, Cincinnati · 1922
- Ziegler v. Elliott Camp Corp.Appellate Division of the Supreme Court of the State of New York · 1946