Bech v. Ruggles — 6 Abb. N. Cas. 69

Majority

p. 69

BECH v RUGGLES.

N. Y. Supreme Court, First Department;

Special Term and Chambers, September, 1878.

Headnote

Consolidation of Actions.—Foreclosure of Mortgage.

Actions to foreclose mortgages cannot be consolidated.

Motion by defendants to consolidate actions.

The plaintiff, Charlotte E. McC. Bech, brought six actions against James F. Ruggles and Grace B. Buggies his wife, to foreclose six separate mortgages, bearing even date, and executed respectively by the defendants to secure several sums amounting in the aggregate to $25,000, and covering separate adjoining lots in the city of New York.

Defendants moved to consolidate, on the ground that the foreclosure of all the mortgages could be effected in one action ; that the parties in each action were the same ; that the defenses, if any should be interposed, would be alike ; and that, if separate actions were allowed, six distinct bills of costs could be taxed.

Taylor & Fowler, for the motion.

William Q. Holbroolc, opposed.

The language of section 817 of the Code of Civil Procedure does not materially differ from article 4, of title 6, of chapter 6, of part 3, of the Revised Statutes (3 R. S. p. 666, § 38, 5th Ed.). Under the latter statutes it was held, per Davies, J., that

p. 70

actions for the foreclosure of mortgages could not be consolidated (Grant v. Spencer, cited in Thomas on Mortgages, 269; 2 Wait's Practice, 555).

Motion denied with costs.