Seidman v. Geib
New York Court of Common Pleas
Action by Herman Seidman against Agnes Geib and others to foreclose a purchase-money mortgage given by said defendant to plaintiff.
1Opinion of the CourtBookstaver, J.
The motion is to strike out answer as frivolous and for judgment. An action is brought to foreclose a purchase-money mortgage. The answer in question admits the making of the mortgage, and default in paying the installment due-. Hone of the material allegations of the complaint are denied, unless it be the execution of the bond, which must be through inadvertence; but this is cured, because, in setting up the affirmative defense in the answer, the execution of the bond is expressly averred. The defendant alleged as a defense that plaintiff conveyed the premises to her by a full covenant…
2Cases cited11 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Parkinson v. . ShermanNew York Court of Appeals · 1878
- Edwards v. BodineNew York Supreme Court · 1841
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3Cited by4 opinions
- Ammon v. KellarAppellate Terms of the Supreme Court of New York · 1897
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
- Keator v. DaltonNew York Supreme Court · 1899
- Simpson v. LangleySupreme Court of Colorado · 1896