Denton v. Ontario County National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment in favor of the defendant, the Ontario County Hational Bank, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment in favor of the defendant, the Ontario County Hational Bank, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent bank, as a grantee and purchaser, had no right to ask or demand any affirmative relief upon any facts alleged in the answer or proven upon the trial. (Code Civ. Proc. § 1628 ; Comstock v. Drohan, 71 N. Y. 9;…
1Opinion of the CourtO’Brien, J.
This was an action in the usual form for the foreclosure of a mortgage, upon a parcel of thirty-three acres of land, part of an entire farm of two hundred and eight acres, of which the defendant bank is in possession. The mortgage was executed and'ctelTvered to the plaintiff on the 12th day of April, 1888, by Letitia G-. Durand to secure the payment of her two notes, amounting to $1,060, jiayable on the first day of November thereafter. The mortgage was recorded on the 6tli day of June, 1888, and no part of the debt has been paid. The usual judgment in foreclosure was demanded.
The several…
2Cases cited3 opinions
- Constant v. . University of RochesterNew York Court of Appeals · 1888
- Moulton v. . CornishNew York Court of Appeals · 1893
- Slattery v. . SchwanneckeNew York Court of Appeals · 1890
3Cited by9 opinions
- Shepard v. BarrettNew Jersey Court of Chancery · 1915
- In re City of New York to Acquire Title to East Twenty-Ninth StreetAppellate Division of the Supreme Court of the State of New York · 1936
- Michael v. StateNew York Court of Claims · 1946
- Silver v. BabitzkyAppellate Division of the Supreme Court of the State of New York · 1930
- Dickey v. GoertnerNew York Supreme Court · 1914
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