Legal Opinion
Central Trust Co. v. Mann's Restaurants, Inc.
New York Supreme Court
Decided February 25, 1938PublishedCited by 3 opinions
1Opinion of the CourtMaloney, J.
Plaintiff moves for an order of this court striking out the defense set out in paragraph III of the answer of defendants Mann’s Restaurants, Inc., and Eben H. Mann herein.
The motion is made under rule 109 of the Rules of Civil Practice on the ground that it appears on the face of said defense that the same is insufficient in law. Plaintiff’s complaint seeks a judgment in foreclosure of a mortgage given by defendants Mann’s Restaurants, Inc., and Eben H. Mann to plaintiff as continuing and collateral security to a note dated December 18, 1935.
Paragraph III of defendants’ answer, to which…
2Cases cited7 opinions
- Pratt v. . ShortNew York Court of Appeals · 1880
- Irwin v. . CurieNew York Court of Appeals · 1902
- Sturm v. TrubyAppellate Division of the Supreme Court of the State of New York · 1935
- In re BirnerNew York Supreme Court · 1935
- People's Trust Co. v. PabstAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. ZazzaroSupreme Court of Connecticut · 1941
- Multer v. StateNew York Court of Claims · 1942
- Sale v. Montrose Industrial BankNew York Supreme Court · 1943