Hyperlawhypertext legal database American Savings Bank v. Rice Realty & Construction Co. 129 N.Y.S. 1112

← Cases

American Savings Bank v. Rice Realty & Construction Co.

129 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1911-05-26 English

Contents

Majority

p. 1112
AMERICAN SAVINGS BANK v. RICE REALTY & CONSTRUCTION CO. et al.
(Supreme Court, Appellate Division, Second Department.
May 26, 1911.)

Headnote

Action by the American Savings Bank against the Rice Realty & Construction Company and others, impleaded with John Donaldson and John Donaldson, Jr., copartners, etc. S4e, also, 128 N. Y. Supp. 1111 .

The defendants having failed to plead that their judgment lien was cut off or extinguished by the foreclosures of the second mortgages, the separate defenses in their answer are insufficient on their face, whatever should be the equities if such fact was pleaded. This action should be tried out on its facts, rather than determined on questions of pleading. The interlocutory judgment is reversed, with $10 costs and disbursements, and the demurrer is sustained, with $30 costs, with leave to the defendants to serve an amended answer on payment of costs and disbursements within 20 days.