Exchange Fire Insurance v. Norris
New York Supreme Court
Appeal from special term, New York county. Action by the Exchange Fire Insurance Company of New York ■against John G-. Norris and others to foreclose' a mortgage. From an order granting judgment in favor of plaintiff on the ground of ■the frivolousness of the answer, defendants Albert I. Sire and Meyer L. Sire appeal.
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Appeal from special term, New York county. Action by the Exchange Fire Insurance Company of New York ■against John G-. Norris and others to foreclose' a mortgage. From an order granting judgment in favor of plaintiff on the ground of ■the frivolousness of the answer, defendants Albert I. Sire and Meyer L. Sire appeal. The answer is as follows: “The defendants Albert I. Sire and Meyer L. Sire, separately answering the complaint herein, respectfully show: (1) They admit all the allegations of said complaint, except that they deny ‘that the interest upon said bond and mortgage, which became due…
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action is the ordinary pleading upon the part of the plaintiff for the foreclosure of a mort*825gage upon failure to pay interest when due. The answer alleged an agreement extending the time of payment, and also a tender to the plaintiff before suit brought of the whole amount of interest due, and a refusal upon the part of the plaintiff to accept. It seems to be apparent that the learned judge who heard the motion in the court below did not think the answer was frivolous, because he thought it necessary to write quite a lengthy opinion for the purpose of showing that no…
2Cases cited2 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Cass v. . HigenbotamNew York Court of Appeals · 1885
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- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1921
- German Exch. Bank v. New Jersey & S. D. Brewing Co.New York Court of Common Pleas · 1895
- Security State Bank v. Waterloo LodgeNebraska Supreme Court · 1909
- Starke v. MyersNew York Supreme Court · 1898
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1920